Single judge of the Calcutta High Court dismissed a revisional application challenging a maintenance order of Rs. 2,000 per month passed over 13 years ago, holding no interference was called for despite the change in cost index.
The revisional application along with the connected application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
D/L36 July 14, 2022 Bpg.
C.R.R.794 of 2010 With
CRAN 1 of 2010 (Old CRAN 1147 of 2010)
In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;
Sri Amal Sarkar Versus
The State of West Bengal and another
The revisional application relates to a subject matter of challenge in a proceeding under Section 125 of the Code of Criminal Procedure.
Record reflects that the learned Magistrate on conclusion of trial was pleased to direct the present petitioner/husband to pay a sum of Rs.1,000/- per month to the wife and Rs.1,000/- per month to the minor daughter aggregating a sum of Rs.2,000/- per month. The said order was passed on 30th March, 2009. More than 13 years have passed and there has been change of cost index. Accordingly, I am of the opinion that no interference is called for.
Thus, CRR 794 of 2010 along with connected application being CRAN 1 of 2010 (Old CRAN 1147 of 2010) is dismissed.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
3 issues framed by the court
Whether the High Court should interfere with the maintenance order of Rs. 2,000 per month passed over 13 years ago given the change in cost index.
Whether the revisional application under Section 401 CrPC is maintainable to alter the maintenance amount.
What is the appropriate procedure for parties to receive the order.
1 provisions across 1 enactments
Sri Amal Sarkar
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
