AVESHAK ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revision arose out of an application for recalling and/or modification of the order dated 31.08.2012 passed by this Court in CRR 3365 of 2011.

(2.) In the background of this matter the fact in a nutshell was that the applicant filed revisional application against one impugned order dated 28.7.2011 passed by the learned Additional Chief Metropolitan Magistrate, Calcutta being Case No. C-489 of 2011 whereby the learned Magistrate, awarded maintenance amount of Rs, 4,000/- p.m. under Section 20(d) of the Protection of Woman from Domestic Violence Act, 2005 without considering the fact as to whether the husband had sufficient means and he neglected or refused to maintain his wife and whether the wife/opposite party no. 2 was unable to maintain herself.

(3.) The matter appeared before the Court and the same was heard at the instance of the opposite party no. 2 on 31.8.2012 without any intimation to the learned Advocate for the petitioner, and, accordingly, this Court without considering material question of law and without giving any opportunity to the petitioner was pleased to dismiss the revisional application by an ex parte order.