SHYAMAPRASAD DUTTA Vs. SUJATA DUTTA (SMT.)

JUDGEMENT

(1.) This revisional application is directed against an order dated April 6, 2001 passed by the learned Additional Chief judicial Magistrate, Alipore in Mat. Execution case No. 7/2001 directing the present Petitioner to pay Rs. 91,000.00 by May 25, 2001, in default distress warrant to be issued against the Petitioner.

(2.) it appears that the present opposite party -no. 1/ wife on: June 26, 1995 filed an application under Sec. 125 Code of Criminal Procedure in the court of learned Chief Judicial Magistrate, Alipore being criminal miscellaneous Case no, 280/95 claiming maintenance for herself and her son. On such application the learned Magistrate by an order dated December 11, 1996 directed the present Petitioner to pay Rs. 1500.00 for the wife herself and Rs. 1,500.00 for the minor son as maintenance. Challenging such order the Petitioner preferred a revisional application before this Court being C.R.R. No. 3742 of 1997. this Court admitted the revisional application and called for records of the case. The said revisional application came up for final hearing before this Court and by an order dated November 30, 2000 this Court dismissed the said revisional application and affirmed the order passed by the learned Magistrate as aforesaid.

(3.) it appears that the present Petitioner in November, 1994 filed a suit praying for decree of divorce which was numbered as Matrimonial Suit No. 1081 of 1994 in the Court of District Judge at Alipore: The present opposite party No. 1/wife filed an application in the said Matrimonial Suit praying for maintenance during the pendency of the suit and in the said case the: learned Judge by an order dated April 3, 1997 directed the Petitioner to pay Rs. 3,000.00 per month to the opposite party No. 1 for her maintenance and her son with effect from September 21, 1995. In a Civil Revisional Application being Company, No. 3234 of 1997 the Petitioner challenged the order of alimony passed in -Matrimonial Suit as aforesaid and on such application the learned Single Judge of this Court directed the Petitioner to pay Rs. 1,000.00 per month. The said revisional application being C:0. No. 3234 of 1997 came up for final disposal before this Court and the learned Single Judge of this Court by an order dated January 22, 2001 disposed of the said Civil revisional application directing the present Petitioner/husband to pay Rs. 3,000.00 per month for the maintenance of herself and her son.