PRANAB MAZUMDER Vs. MOUSUMI DAS

JUDGEMENT

(1.) Opposite party/wife took recourse under law for getting maintenance from the present petitioner by filing her case under Sec. 125 Cr.p.c in the court of Judicial Magistrate, 3rd Court at Sealdah, being registered as M. Case No.154 of 2019. The Ld. Trial Court by dint of the impugned order dtd. 1/4/2021 has directed the present petitioner to pay a sum of Rs.12, 000.00 per month towards interim maintenance to the present opposite party with affect form the date of the said order till disposal of the case pending before it. The said order of Ld. Trial Court dtd. 1/4/2021 is assailed in this criminal revision case.

(2.) The petitioner has put forth the grounds that the court has delivered the order as impugned in absolute non-consideration of the documents available before it, the court has failed to consider the necessary points of fact like capacity of the petitioner to pay maintenance etc. while passing the order as impugned, that the court has acted with non-application of mind, that the court has exercised jurisdiction which was not vested in it by law while delivering the order as impugned. It has further being submitted by referring to the annexed documents that the petitioner's income is variable, which is based on the incentives etc. He being an employee of the 'call centre', by referring to annexed P-3 it is submitted that the take home pay of the petitioner is only Rs.24, 000.00 and odd. In such view of the fact the petitioner urges that the impugned order not only suffers from irregularity and impropriety but also is impossible to be executed. Petitioner has also submitted that during the on going pandemic period his income has substantially being curtailed.

(3.) It is found that the opposite party/wife has been served with the copy of the petition as per the courts direction vide order dtd. 22/6/2021. The service appears to be complete and sufficient and a 'good' service. However, none appears on behalf of the opposite party/wife in this case when the matter is called on.