SUSHIL MONDAL Vs. SHIBDAS PATRA @ SHIBU

JUDGEMENT

(1.) As the facts and points of law involved in these revisional applications are identical, I intend to dispose of both the revisional applications by this common judgment and order.

(2.) Facts of the case as it appears from the contents of the revisional applications are that, Sravani Patra (since deceased) was married with Shibdas Patra (petitioner of C.R.P. No. 748/03) on 8.2.1988. Out of their wedlock a male child was born to the couple namely Snehasis Patra @ Suchasis Patra. Subsequently, Sravani being unable to bear the torture of her husband and other in-laws committed suicide on 31.10.1991 and on the basis of her unnatural death a police case was started which ended in submission of charge-sheet. The trial that followed in Sessions Trial No. 8/July/1995, the husband Shibdas Patra @ Shibu was convicted and he preferred an appeal and was enlarged on bail during pendency of the appeal. The child born to Shibdas and Sravani was then aged two years when Sarvani committed suicide and the said child was taken to his maternal grandfather's house (petitioner of C.R.P. No. 961/03) and since then the said child is being maintained in his maternal grandfather's house. The father of the child namely Shibdas Patra did not take any information of his son nor sent any money for the maintenance of his son. The maternal grandfather of the child Sushil Mondal has retired from service in 1997 and he finds it difficult to maintain the said child. Accordingly, he filed an application under Section 125 of Criminal Procedure Code, against the father which was registered as Misc. Case No. 82 of 2002. In the said case Sushil Mondal submitted prayer for interim maintenance of the child. After hearing the contention of both parties the learned Judicial Magistrate, 7th Court, Howrah allowed the prayer for interim maintenance by order dated 3.3.2003 and directed that the father Shibdas Patra shall pay interim maintenance @ Rs. 800/- per month to his minor son from the date of the order.

(3.) Being aggrieved by, and dissatisfied with, the order both Sushil Mondal and the father Shibdas Patra has filed two separate revisional applications and the revisional application filed by Shibdas Patra in C.R.R. No. 748/03 and the revisional application filed by the maternal grand father of the child namely Sushil Mondal is C.R.R. No. 961/03.