DISTRICT: SOUTH 24-PARGANAS
IN
THE HIGH COURT AT CALCUTTA
CRIMINAL
REVISIONAL JURISDICTION
C.R.R. No. of 2023
In
the Matter of
An application under Section 401, read with Section
482 of the Criminal Procedure Code’ 1973;
And
In the Matter of
Judgment dated 07-10-2023, passé in Criminal Motion
No. 270 of 2022, by Shri Anjan Kumar Sengupta, Additional Session Judge, 7th
Court, Alipore, South 24 Parganas;
And
In the Matter of
Shri
Subrata Mondal, Son of Kartick Mondal, aged about 29 years, residing at
Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata –
700099, District South 24 Parganas, Mobile Number __________.
_________Petitioner
Versus
1.
Shri Kartik Mondal, Son of Late
Shreekanto Mondal, aged about 60 years, residing at Premises being no. C/28,
Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District South 24
Parganas.
2.
The State of West Bengal.
________ Opposite Parties
To
The Hon’ble T.
S. Sivagnanam, Chief Justice and His Companion Justices of the said Hon’ble
Court
The humble petition of the petitioner above-named most
respectfully;
Sheweth: -
1.
That the Opposite Party/ Father lodged
an application under Section 125 of the Criminal Procedure Code’ 1973, against
the Petitioner, claiming interim maintenance as Rs. 12,000/- (Rupees Twelve
Thousand) only, per month. The said application has been registered as Misc.
Case no. ACM-659 of 2021, pending before the Learned Judicial Magistrate, 4th
Court, at Alipore, South 24 Parganas.
2.
That the Opposite Party/ Father states
that he has obtained one free-hold property measuring about 1 cottah, 4
chhitack from the Government of West Bengal and constructed therein a
residential house. His wife is not residing with him and she has been residing
separately in the 1st floor of the same premises and he used to
reside at ground floor of the said premises with his mother. His daughter is a
working lady and she is married and his son is a sales consultant at Mukesh
Hyundai and his wife is a private tutor and they run a tutorial home together
at his residence. The Opposite Party/ Father stated that he is more than 60
years and suffering from various ailments and he has no independent income of
his own and living at the mercy of others.
3.
That the Petitioner appeared in the
said maintenance proceeding on receipt of the notice issued by the Learned
Judicial Magistrate, 4th Court, at Alipore, South 24 Parganas, and
submitted his written objection and Affidavit of his Assets and Liabilities, in
the said application for maintenance. Upon hearing of the interim maintenance,
the Learned Judicial Magistrate was pleased to pass an Order dated 05-07-2022,
directing your petition to pay a sum of Rs. 4,000/- per month to the Opposite
Party/ Father.
Photostat
Copies of the Petition, written objection, affidavit of assets and liabilities,
and the Order dated 05-07-2022, are annexed herewith and marked as Annexure –
“P-1”.
4.
That the said Order has been
Challenged by the Petitioner before the Learned District Session Judge,
Alipore, South 24 Parganas, by way of placing Criminal Motion No. 270 of 2022,
on 07-09-2022. The Learned District Session Judge, at Alipore, South 24
Parganas, was pleased to grant stay on the said impugned order dared 05-07-2022,
subject to the payment of Rs. 2,500/- per month as interim maintenance. The
petitioner continued to pay such sum of Rs. 2,500/- per month to the Opposite
Party/ Father, in pursuance of the said Order dated 07-09-2022.
Photostat
copy of the Order dated 07-09-2022, passed in Criminal Motion no. 270 of 2022,
is annexed and marked as Annexure – “P-2”.
5.
The said Criminal Motion no. 270 of
2022 has been consequently transferred to the Learned Additional Session Judge,
7th Court, Alipore, South 24 Parganas for disposal. The Learned
Additional Session Judge, 7th Court, Alipore, South 24 Parganas, was
pleased to pass Judgment dated 07-10-2023, thereby rejecting the said Criminal
Motion and affirming the Order dated 05-07-2022, passed by the Learned Judicial
Magistrate, 4th Court, at Alipore, South 24 Parganas, in Misc. Case
no. ACM-659 of 2021.
6.
That the Petitioner states and submits
that your Petitioner is presently aged about 29 years old is only Son of the
Opposite Party, who married in the year 2019. The Petitioner is a married
person having his Spouse namely Smt. Aparna Mondal, and having a minor male
child born in the year 2021, namely Sadhvik Mondal. The Petitioner have one
Elder Sister namely Smt. Tumpa Mondal, who married in the year 2010, and
thereafter she is staying at her matrimonial house at Santoshpur, Kolkata.
7.
That the Petitioner states and submits
that the Petitioner is looking after and caring his old aged mother Smt. Putul
Mondal, Grand Mother Smt. Raboti Mondal, who died recently, his Father Sri
Kartik Mondal, and his Wife and minor child, out of his earning as Rs. 10,661/-
( rupees Ten Thousand and Six Hundred and Sixty One ) only.
8.
That the Petitioner states and submits
that the Petitioner and his mother experienced much immoral behavior of the
Opposite Party no.1, Sri Kartik Mondal, in their life and still experiencing.
The Opposite Party no. 1, Sri Kartik Mondal, is in illicit relationship with
one lady, all along, therefore most of his earning spend on his unwarranted
choices. The opposite party did not take care of the petitioner and his
mother. The petitioner followed his
mother’s word and education to prevail the protection and care of the family
members without uttering any words to the opposite party. The Petitioner’s
income is much limited and on paper as given by the Employer.
9.
That the Petitioner states and submits
that the O.P. No. 1, Sri Kartik Mondal, is still working and thereby earning
sufficiently, and since the opposite party working freelance therefore it is
much difficult to ascertain his exact income unless he himself depose in that
respect, which he will not do, as he is claiming maintenance from the
petitioner with his oblique motive.
10.
That the Petitioner states and submits
that the O.P. No. 1, Sri Kartik Mondal, is much healthy, as he is not suffering
with any ailment, so far. He is leading his life at his own terms, he did not
care to prevail moral obligations and bondage of the relationship within the
family.
11.
That the Petitioner states and submits
that the Petitioner is earning a sum of Rs. 10,661/- ( rupees Ten Thousand and
Six Hundred and Sixty One ) only, from his employer, and thereby maintaining
his (1) mother, (2) wife, (3) minor male child of 2 years old, (4) himself, and
(5) paying Rs. 2,500/- (Rupees Two Thousand and Five Hundred) only to the
Opposite Party number 1, Sri Kartik Mondal, in terms of the Order of the
Learned Court. In maintaining the family members your petitioner’s income is
not sufficient and therefore your petitioner is in need to borrow money from
his friend and relatives.
12.
That the Petitioner states and submits
that while passing the order impugned the Learned Court did not consider the geology
of the family and their ability and inability.
13.
That the petitioner states and submits
that the Order dated 05-07-2022, passed in Misc. Case no. ACM-659 of 2021, by
the Learned Judicial Magistrate, 4th Court, at Alipore, South 24
Parganas, is patently wrong and erroneous and thus not sustainable in the Law.
14.
That the petitioner states and submits
that the Judgment dated 07-10-2023, passed
in Criminal Motion no. 270 of 2022, by the Learned Additional Session Judge, 7th
Court, at Alipore, South 24 Parganas, is patently wrong and erroneous and thus
not sustainable in the Law.
15.
That
being aggrieved by and dissatisfied with the impugned Judgment
dated 07-10-2023, passed in Criminal Motion no. 270 of 2022, by the Learned
Additional Session Judge, 7th Court, at Alipore, South 24 Parganas, Your
petitioner begs to move Your Lordship for revision on the following amongst
other
G R O U N D S
I.
For that
your Petitioner is presently aged about 29 years old is only Son of the
Opposite Party, who married in the year 2019. The Petitioner is a married
person having his Spouse namely Smt. Aparna Mondal, and having a minor male
child born in the year 2021, namely Sadhvik Mondal. The Petitioner have one
Elder Sister namely Smt. Tumpa Mondal, who married in the year 2010, and
thereafter she is staying at her matrimonial house at Santoshpur, Kolkata.
II.
For that
the Petitioner is looking after and caring his old aged mother Smt. Putul
Mondal, Grand Mother Smt. Raboti Mondal, who died recently, his Father Sri
Kartik Mondal, and his Wife and minor child, out of his earning as Rs. 10,661/-
( rupees Ten Thousand and Six Hundred and Sixty One ) only.
III.
For that
the Petitioner and his mother experienced much immoral behavior of the Opposite
Party no.1, Sri Kartik Mondal, in their life and still experiencing. The
Opposite Party no. 1, Sri Kartik Mondal, is in illicit relationship with one
lady, all along, therefore most of his earning spend on his unwarranted
choices. The opposite party did not take care of the petitioner and his
mother. The petitioner followed his
mother’s word and education to prevail the protection and care of the family
members without uttering any words to the opposite party. The Petitioner’s
income is much limited and on paper as given by the Employer.
IV.
For that
the O.P. No. 1, Sri Kartik Mondal, is still working and thereby earning
sufficiently, and since the opposite party working freelance therefore it is
much difficult to ascertain his exact income unless he himself depose in that
respect, which he will not do, as he is claiming maintenance from the
petitioner with his oblique motive.
V.
For that
the O.P. No. 1, Sri Kartik Mondal, is much healthy, as he is not suffering with
any ailment, so far. He is leading his life at his own terms, he did not care
to prevail moral obligations and bondage of the relationship within the family.
VI.
For that
the Petitioner is earning a sum of Rs. 10,661/- ( rupees Ten Thousand and Six
Hundred and Sixty One ) only, from his employer, and thereby maintaining his
(1) mother, (2) wife, (3) minor male child of 2 years old, (4) himself, and (5)
paying Rs. 2,500/- (Rupees Two Thousand and Five Hundred) only to the Opposite
Party number 1, Sri Kartik Mondal, in terms of the Order of the Learned Court.
In maintaining the family members your petitioner’s income is not sufficient
and therefore your petitioner is in need to borrow money from his friend and
relatives.
VII.
For that
while passing the order impugned the Learned Court did not consider the geology
of the family and their ability and inability.
VIII. For that the Order dated 05-07-2022, passed in Misc.
Case no. ACM-659 of 2021, by the Learned Judicial Magistrate, 4th Court, at
Alipore, South 24 Parganas, is patently wrong and erroneous and thus not
sustainable in the Law.
IX.
For that
the Judgment dated 07-10-2023, passed in
Criminal Motion no. 270 of 2022, by the Learned Additional Session Judge, 7th
Court, at Alipore, South 24 Parganas, is patently wrong and erroneous and thus
not sustainable in the Law.
16.
That the
Petitioner craves leave to produce the copy of relevant documents relied on by
the petitioner, at the time of hearing before the Hon’ble Court.
17.
That the
application is made bona fide and for the ends of justice.
Under the above circumstances, Your petitioner most
humbly prays that Your Lordship may graciously be pleased to show
cause as to why the order impugned Judgment dated 07-10-2023, passé in Criminal Motion No. 270 of 2022, by
Shri Anjan Kumar Sengupta, Additional Session Judge, 7th Court,
Alipore, South 24 Parganas, shall not be set aside and to
stay operation of the Order
dated 05-07-2022, passed in Misc. Case no. ACM-659 of 2021, by the Learned
Judicial Magistrate, 4th Court, at Alipore, South 24 Parganas, immediately,
and/or to pass such other further Order/Orders as to Your Lordship may deem fit
and proper
And Your
petitioner as in duty bound shall ever pray.
AFFIDAVIT
I, Shri Subrata Mondal,
Son of Kartick Mondal, aged about 29 years, by faith Hindu, by Occupation
Service, residing at Premises being no. C/28, Jamuna Nagar, Police Station –
Jadavpur, Kolkata – 700099, District South 24 Parganas,, do
hereby solemnly affirm and say as follows:
1. That I am the petitioner of this
application and I am well acquainted with the facts and circumstances of the
case.
2. That the
statements made in paragraph No. 1, 6, 7, 8, 9, 10, & 11, are true to my
knowledge and those made in paragraphs 2,
3, 4, & 5, are true to my information derived from the records of the case
and rest paragraphs are my respectful submission before this Hon’ble Court.
Prepared in my office The deponent is
known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed before me
on this the day of November, 2023.
I
certify that all annexures
are
legible.
Advocate. COMMISSIONER
DISTRICT : South 24 Parganas.
IN THE HIGH COURT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
C.R.R.
No. of 2023;
In
the matter of:
An
application under Section 401, read with Section 482 of the Criminal Procedure
Code’ 1973;
And
In
the matter of:
Sri
Subrata Mondal
………..Petitioner
-Versus-
Sri
Kartik Mondal & Another.
……Opposite Parties
CRIMINAL REVISION PETITION
MR.
ASHOK KUMAR SINGH
Advocate
Bar
Association, Room No.15,
High
Court, Calcutta.
(M)
9883070666 / 9836829666.
Email
: aksinghadvocate@rediffmail.com
Enrollment
Number : F/872/2000
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