PRASENJIT MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been filed in connection with Miscellaneous Case No. 202 of 2014 under Sec. 125 of the Code of Criminal Procedure, 1973 pending before the Learned Judicial Magistrate, 6th Court, Alipore along with the orders passed in connection with the said proceedings, particularly the order dated 03.04.2014 passed by the said Court.

(2.) The background of the case is as follows:

(3.) The wife (opposite party no.2) herein filed an application under Sec. 125 of the Code of Criminal Procedure on or about 04.04.2014 being Misc. Case No. 202 of 2014. In connection with the said proceedings an application for interim maintenance was preferred by the opposite party, thereby praying for an interim maintenance of Rs.10,000.00 per month to be paid during pendency of the case under Sec. 125 of the Code of Criminal Procedure. On or about 04.05.2015 the learned Judicial Magistrate, 6th Court, Alipore was pleased to allow the application for interim maintenance thereby directing the petitioner (husband) to pay sum of Rs.3,000.00 per month from the date of the order till disposal of the case and fixed 02.07.2015 for evidence. On or about 05.05.2015 an application for dissolution of marriage under Sec. 13B of the Hindu Marriage Act, 1955 was preferred at the instance of the present petitioner as well as the opposite party no.2 being MAT Suit No. 124 of 2015. In paragraph 9 of the application under Sec. 13B of the Hindu Marriage Act it has been contended as follows: