Disposed¶13

Prakash Mishra v. Chanda Mishra

Calcutta HC22 Jan 2024CRR/1461/2020

Case brief

AI extract

What is this about?

Section 125 Cr.P.C. maintenance revision; change in circumstances; leave granted to approach trial Court for necessary relief; interim order vacated; connected applications disposed; South 24 Parganas, Alipore; ACM No. 176 of 2011; Criminal Motion No. 07 of 2019; maintenance Rs.5,000/-; order dated 08.01.2020; Additional District and Sessions Judge 18th Court; Judicial Magistrate 4th Court; opposite party/wife; service not effected.

What did the court decide?

Leave granted to the petitioner to approach the trial Court under the appropriate provisions of law for necessary relief; connected applications disposed of; interim order, if any, vacated. ¶13

Prakash Mishra Vs Chanda Mishra — Maintenance and Alimony | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Leave granted to the petitioner to approach the trial Court under the appropriate provisions of law for necessary relief; connected applications disposed of; interim order, if any, vacated.

¶13

Issue for consideration

Whether, in view of the change in circumstances submitted by the petitioner, relief could be obtained through this revision, given that the orders under challenge had finally disposed of the Section 125 Cr.P.C. petition.

¶11

Court's answer

The revisional application is disposed of by granting leave to the petitioner to approach the trial Court under the appropriate provisions of law for necessary relief, considering the change in circumstances and the relief sought.

¶13

Ratio / Principle

All connected applications, if any, stand disposed of.

¶14

Key takeaways

Interim order, if any, stands vacated.ratio¶15
A copy of the order is to be sent to the learned trial court for compliance.ratio¶17

Detailed headnote1 paragraphs

CRR 1461 of 2020 (Prakash Mishra v. Smt. Chanda Mishra), decided 22.01.2024 by Shampa Dutt (Paul), J.: the revision challenged the judgment and order dated 08.01.2020 of the Additional District and Sessions Judge, 18th Court, South 24 Parganas, Alipore (Criminal Motion No. 07 of 2019 re ACM No. 176 of 2011 before the Judicial Magistrate, 4th Court), which had directed maintenance of Rs.5,000/- to the opposite party from the date of filing, and which orders had finally disposed of the petition under Section 125 Cr.P.C. Service could not be effected on the opposite party/wife or her trial-court counsel. Considering the change in circumstances and the relief sought, this Court did not disturb the earlier orders; it disposed of the revision by granting the petitioner leave to approach the trial Court under the appropriate provisions of law for necessary relief. Connected applications were disposed of and the interim order, if any, vacated; a copy of the order was directed to be sent to the trial court for compliance.

Prakash Mishra v. Chanda Mishra

Case brief

What is this about?

What did the court decide?

Prakash Mishra v. Chanda Mishra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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