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2002 Supreme(Cal) 422

MALAY KUMAR BASU
Nitya Ranjan Chakraborty – Appellant
Versus
KALPANA CHAKRABORTY – Respondent


Advocates Appeared:
ASIT DAS, SASANKA KUMAR GHOSH

MALAY KUMAR BASU, J.

( 1 ) THIS revisional application is directed against the judgment and order dated 24/08/2001 passed by the learned Additional Sessions Judge, 6th Court, Alipore in its revisional jurisdiction in Crl. Motion No. 209/2001. By the said order, the learned Additional Sessions Judge allowed the revisional application which was filed against the judgment and order passed by the learned Chief Judicial Magistrate, Alipore, dated 2 3/03/2001 in T. R. No. 295/99 whereunder the learned Magistrate allowed the petition under S. 125, Cr. P. C in part awarding a sum of Rs. 1200/- per month in favour of the wife with effect from the date of order i. e. 23/03/2001. Being aggrieved by that order, the wife had filed the said revisional application on the ground that the order ought to have taken effect from the date of application and not from the date of order. The learned Additional Sessions Judge accepted this contention of the revisional applicant wife and passed the impugned order by awarding the maintenance at the rate at which the learned A. C. J. M. awarded it giving its effect from the date of application instead of the date of the order. The learned Additional Sessions










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