NABA KUMAR MOBAK Vs. BABY MODAK

JUDGEMENT

(1.) By this application dated 16.3.2006 under sections 397 and 401 of the Code of Criminal Procedure challenge is made to the order dated 13.2.2006 passed by learned Judicial Magistrate, 4th Court, Hooghly (Sadar) holding thereby that the opposite party shall be entitled to recovery of the amount for the period from ****[15.12.2004 to 14,12.2004] and also for the period from 2.9.2002 to 31.1.2004.

(2.) The admitted facts are that an order for interim maintenance was passed for the sum of Rs. 600/- for the wife and another sum of Rs. 600/- for the minor son by the learned Magistrate on 31.1.2004 but the order was made effective from the date of the application under section 125 of the Criminal Procedure Code which was on 2.9.2002.

(3.) The opposite party filed an application for execution for recovery of the arrear on 14.12.2005 and the learned Magistrate held that she was entitled to recover the amount from 2.9.2002 to 31.1.2004 as also for the period from 15.12.2004 to 14.12.2005.