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2002 Supreme(Cal) 256

Malay Kumar Basu
Subhamoy Chatterjee – Appellant
Versus
Lity Chatterjee – Respondent


Advocates Appeared:
Animesh Mukherjee for the petitioner;
Asok Biswas, Binayak Kr. Ghosal for the opposite party.

JUDGMENT

Malay Kumar Basu, J.

This revisional application is directed against the order dated 8th March, 2001 passed by the learned Sessions Judge, Bankura in Criminal Revision No. 1 of 2001. That revisional application arose out of the order dated 21st October, 2000 passed by the learned C.J.M., Bankura in Misc. Execution Case No. 120 of 1999 which arose out of Misc. Case No. 152 of 1993 under section 125(3) of the Cr. P.C. The relevant facts in short are as follows:-

The present petitioner, Subhamoy Chatterjee, admittedly married the opposite party, Lity Chatterjee, according to Hindu rites. The opposite party-wife filed a petition for maintenance under section 125 of the Cr. P.C. before the learned C.J.M., Bankura praying for an order awarding maintenance in her favour and the learned C.J.M. passed an interim order granting interim maintenance at the rate of Rs. 400/- per month with effect from the date of filing of the petition payable by the husband-petitioner to the opposite party-wife. But according to the opposite party-wife, nothing was paid by the petitioner-husband by way of maintenance in compliance with the above order of the court and hence she filed the misc. execution











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