SIMA GHOSH Vs. ASHIM BOSE

JUDGEMENT

(1.) The present revisional application has been preferred by the petitioner/wife challenging the judgment and order dtd. 10/1/2019 passed by the learned Chief Judicial Magistrate, North 24 Parganas in Misc. Case No. 143 of 2016 arising out of M. Case No. 48 of 2009 under Sec. 127 of the Code of Criminal Procedure. Wherein the learned Chief Judicial Magistrate, North 24 Parganas, was pleased to hold that the petitioner is not entitled to get any maintenance and as such allowed the application under Sec. 127 of the Code of Criminal Procedure.

(2.) The background of the case relates to an application under Sec. 125 of the Code of Criminal Procedure preferred at the instance of the wife/petitioner herein being M. Case No. 48 of 2009 which was rejected after contested hearing by an order dtd. 23/12/2010 passed by the learned Chief Judicial Magistrate, North 24 Parganas. The petitioner thereafter preferred a revisional application before the Hon'ble High Court at Calcutta being CRR 542 of 2011, however, the same was not interfered by the Hon'ble High Court by its order dtd. 27/9/2013 and as such the petitioner preferred an appeal before the Hon'ble Supreme Court against the said order by way of Special Leave to Appeal being Criminal Appeal No(s). 161-162 of 2015 (@ SLP (CRL.) No. 8083- 8084/2014). The Hon'ble Supreme Court by its judgment and order dated January 19, 2015 was pleased to award maintenance of Rs.7,500.00 per month from the date of filing of the application under Sec. 125 of the Code of Criminal Procedure. By the same order the Hon'ble Apex Court was pleased to direct payment of arrears of maintenance to be paid in equal quarterly instalments within a period of one year.

(3.) The other part of the matrimonial dispute relates to Matrimonial Suit No. 64 of 2008 wherein by a judgment dtd. 18/8/2018 the learned Additional District Judge, Fast Track Court No.3, Barasat, North 24 Parganas was pleased to order as follows: