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Suhrid Kumar Roy vs Smt. Anita Roy on 28 February, 2019


19 Criminal Revisional Jurisdiction

C.R.R. No.2786 of 2018
. Suhrid Kumar Roy


Smt. Anita Roy

Mr. Phiroze Edulji
Mr. Saryati Datta …for the petitioner

This is an application challenging an order dated July 31, 2018
passed by the learned Sessions Judge, Burdwan in Motion No.65 of
2018 along with Criminal Motion No.90 of 2018, thereby awarding the
maintenance to the opposite party-wife to the tune of Rs.4,000 per
month under section 125, CrPC.

It is submitted that the learned revisional court had scaled
down the amount of monthly maintenance allowance from Rs.5,000 as
granted by the learned Magistrate to Rs.4,000.

The learned advocate for the petitioner submits that the
petitioner works in a mobile repair shop and is unable to pay the
maintenance at the rate at which the sum was awarded . He further
submits that marriage had taken place in 1996 and in 1997 the wife
left him. He further submits that the petitioner had filed a divorce
suit in 1999. He contends that as a counter blast, a case under
section 498A IPC was started by the wife in the same year and that
this case ended in an acquittal in 2017. He contends that the wife
had also challenged the impugned order seeking enhancement of the
same, and that the same is pending before this court as CRR No.2563
of 2018.

The petitioner is directed to serve a copy of the application on

the opposite party by speed post with acknowledgement due, within a
week and submit an affidavit of service on the next hearing date.

Let this matter appear as contested application a fortnight

In the interest of justice and upon prayer of the learned
advocate let the two cross revisions being this matter and CRR
No.2563 of 2018 be listed together for hearing.

Certified photostat copy of this order, if applied for, shall be
given to the parties.

[Jay Sengupta, J]

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