AMIT KUMAR DAS Vs. BASANT DAS

JUDGEMENT

(1.) In this revisional application the Petitioner/husband has sought to challenge an order of maintenance dated 1-4-2006 passed by the learned Judicial Magistrate, Second Court, Contai, Purba Medinipur in Misc. Case No. 474 of 1997. By the aforementioned order the learned Court below awarded maintenance at the rate of Rs. 500/ - and Rs. 300/- per month for the Petitioner/ wife and her minor son respectively from the date of filing of the petition seeking maintenance, that is, on and from 1-12-1997.

(2.) Being aggrieved, the husband/Petitioner filed a Criminal Revision Case No. 82/ 06 before the learned Sessions Judge, Purba Medinipur challenging the order impugned. The learned Sessions Judge, Purba Medinipur admitted the revisional application vide Order No. 1 dated 6-6-2006 on condition that the Petitioner would pay Rs. 40,000/- to the opposite party/wife by next one month, that is, on or before 6-7-2006 and the Petitioner shall continue to pay the regular maintenance of Rs. 800/- per month as per order of the learned Court below to the opposite party/wife. Accordingly, notice was also issued upon the opposite parties. However, the record of the said Criminal Revision was subsequently put up at the instance of the revisionist/husband on 8-6-2006 before the learned Sessions Judge and the revisionist/husband filed a petition with a prayer for not pressing the Criminal Revisional Case No. 82/2006. Such prayer was allowed by the learned Sessions Judge and, accordingly, the said revision was dismissed as "being not pressed." It is needless to mention that the Petitioner/husband did not comply with the conditional order of payment of Rs. 40,000/-to the opposite party/wife within one month as directed by the first Court of Revision.

(3.) The Petitioner/husband, thereafter, came up before this Court with another revisional application under Sections 401/ 482 of the Code of Criminal Procedure and the judgment and order dated 1-4-2006 passed by the learned trial Court passed in Misc. Case No. 474 of 1997 thus came under challenge before this Court for the second time.