Disposed¶14

Sampita Das (Nee Sadhukhan) v. State of West Bengal and Anr.

Calcutta HC5 Feb 2024CRR/289/2024

Case brief

AI extract

What is this about?

Order dated 05.02.2024 in C.R.R. 289 of 2024 (Smt. Sampita Das nee Sadhukhan v. State of West Bengal & Anr.), bench: Tirthankar Ghosh, J. Keywords: Section 125 CrPC maintenance; Miscellaneous Case No. 626 of 2020; Judicial Magistrate 2nd Court Barasat; affidavit of assets delay by husband; interim maintenance order; disposal deadline 31.03.2024; server copy direction.

What did the court decide?

Directions issued to the learned Judicial Magistrate, 2nd Court, Barasat: if the affidavit of assets and/or written objections are not filed on 19th March, 2024, he is to pass an order for interim maintenance and dispose of it by 31st March, 2024; all parties directed to act on the server copy of the order downloaded from the Court's official website. ¶14

Sampita Das (Nee Sadhukhan) Vs State of West Bengal… — Maintenance and Alimony | Calcutta HC (2024)

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether, notwithstanding the opposite party's repeated delay in filing affidavits of assets against the petitioner's pending Section 125 CrPC application (filed 23.12.2020, unresolved for over three years), the Judicial Magistrate should be directed to proceed to an interim maintenance order and dispose of it expeditiously.

¶10

Court's answer

If the affidavit of assets and/or any written objection is not filed on 19th March, 2024, the learned Judicial Magistrate would proceed to pass his order for interim maintenance, and the same should be disposed of by 31st March, 2024.

¶10

Ratio / Principle

Since the Section 125 CrPC application was filed on 23rd December, 2020 and more than 3 years have passed with the petitioner without any remedy before a court of law for sustenance, the Judicial Magistrate was directed to keep this lapse in mind in disposing of the interim maintenance question.

¶13

Detailed headnote1 paragraphs

Criminal judicial revision application (C.R.R.) by a wife regarding her pending Section 125 CrPC Miscellaneous Case No. 626 of 2020 before Judicial Magistrate, 2nd Court, Barasat. Records showed the opposite party no.2/husband repeatedly delaying filing of affidavits of assets so as to deter any interim relief, and that the application filed on 23rd December, 2020 had lain unresolved for over three years, leaving the petitioner without remedy for sustenance. Disposing of C.R.R. 289 of 2024, the Court directed that if the affidavit of assets and/or any written objection was not filed on 19th March, 2024, the Judicial Magistrate would proceed to pass his order for interim maintenance, to be disposed of by 31st March, 2024.

Sampita Das (Nee Sadhukhan) v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Sampita Das (Nee Sadhukhan) v. State of West Bengal and Anr.

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

Similar cases

Probal Dutta Gupta Vs State of West Bengal and Anr.

David Rumnong Ashkenazy and Ors. Vs State of West Bengal and Anr.

Alisha Aman Vs State of West Bengal and Anr.

Sulata Das Vs State of West Bengal

Md. Ezazullah @ Md. Ejazullah and Others Vs State of West Bengal and Anr.

Sampita Das (Nee Sadhukhan) Vs State of West Bengal and Anr.