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2022 Supreme(Cal) 570

JAY SENGUPTA
Sankar Kumar Maji – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Mr. Himanshu De, Mr. Subhas Chandra Basu Mr. Sanjib Seth, Mr. Subhrajit Dey Advocates, for the Appellant; Ms. Manjuli Chaudhuri, Ms. Mekhala Sinha, Advocates, for the Respondent

JUDGMENT

Jay Sengupta, J. - This is an application challenging an order dated 31.07.2017 passed by the learned Additional Sessions Judge, 2nd Court, Uluberia, Howrah in Criminal Revision No. 6 of 2016/12 of 2016 arising out of order dated 19.10. 2015 passed by the learned Judicial Magistrate, 1st Court, Uluberia, Howrah in Misc. Case No. 158 of 2018 (T.R. No. 174 of 2012).

2. The marriage between the petitioner and the opposite party no. 2 was solemnized in 1995. A child was born to the couple who is aged about 24 years now. On March 10, 2007 the said marriage was dissolved by way of a divorce on mutual consent. An amount of Rs. 90,000/- was purportedly agreed to be the full and final settlement of the claims of the wife. However, in 2012, a wife filed an application under Section 125 of the Code in Misc. Case No. 158 of 2012 seeking maintenance allowance at the rate of Rs. 20,000/- per month for herself and her minor son. On October 19, 2015 the learned Magistrate directed payment of maintenance allowance at the rate of Rs 1000/- from the date of order for the wife while maintenance for the son was rejected as he had become a major by then. The petitioner filed a revision before the

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