CIVIL APPEAL 178 of 2009 on 5 September 2011

18.08.2022S/L No.90

KS

C.R.R. 3645 of 2010 Sri Astik Ghosh -Vs.- Smt. Sujata Ghosh The revisional application was preferred challenging the order ofmaintenance passed by the Learned Additional Chief Judicial Magistrate,Kandi, Murshidabad in Misc. Case No.178 of 2009.

The revisional application was admitted on 05.09.2011 wherein therewas a direction to make at least the first payment within a fortnight and file adocument of payment for which the matter was to be listed. Records reflectthat there was no persuasion by the petitioner since the order was passed on05.09.2011.

Having regard to the fact that the subject-matter of the revisionalapplication relates to a proceeding under Section 125 of the Code of CriminalProcedure which involves maintenance of the wife and three minor sons, I amof the opinion that further pendency of the revisional application isunwarranted in view of the mere quantum aggregated to Rs.2,200/- beingawarded for four individuals. There has been a complete change in the costindex and the regular expenses as such there is no scope for interfering inrespect of the order which is under challenge.

With the aforesaid observations, C.R.R. 3645 of 2010 is dismissed.Pending applications, if any, are consequently disposed of. Interim order, if any, is hereby vacated.

All parties are directed to act on the server copy of this orderdownloaded from the official website of this Hon’ble Court.

(Tirthankar Ghosh, J.)