ABHISHEK MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dtd. 7/3/2022 passed by the learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas in M Case No. 480 of 2018.

(2.) Learned counsel for the petitioner submits as follows. The opposite party No.2 filed an application under Sec. 125 of the Code claiming maintenance allowance from the petitioner. The petitioner had filed an application for non-maintainability on the ground that the purported marriage between the two took place when he was a minor. The same was dismissed. The order was challenged before the learned Sessions Court. The revision was dismissed with a cost of Rs.5,000.00, which was to be paid within 15 days. But, the petitioner could not arrange the said sum and could not pay the same in time. On 07/3/2022 he made a prayer before the learned trial court for permission to submit the said cost of Rs.5,000.00 and to allow him to participate in the proceeding. The Learned Magistrate did not allow the petitioner to put in the cost and fixed a date for ex party hearing of the application of interim maintenance. The proceeding is fixed before the learned trial court today, i.e. on 28/4/2022.

(3.) Learned counsel appearing on behalf of the private opposite party submits as follows. Since the revisional application did not have any merit, the same was dismissed by the learned Sessions Court with a cost of Rs.5,000.00 that was to be deposited within 15 days. Thereafter the petitioner had sufficient opportunity to put in the cost, but he did not do so. On 07/3/2022 he made application to pay the cost. The main application under Sec. 125 of the Code had been filed in the year 2018 and till date even the application of the petitioner for interim maintenance could not be decided.