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Whether revision is maintainable against order of interim ma

Whether revision is maintainable against order of interim maintenance?

Learned Advocate for the petitioner has claimed that the petitioner has no means to maintain herself and her minor child and as such the amounts should be enhanced by exercising power of this Hon'ble Court under Article 227 of the Constitution of India. Learned Advocate for the respondent has argued that had there been no means of the petitioner as alleged for maintaining herself and her minor child certainly she would not pray for setting aside the impugned order and for stay of further proceedings of the case in the Court below. According to petitioner's claim the respondent earns huge amount as Ayurvedic Medical Practitioner but the respondent claims that he earns Rs.5000/- only per month as a compounder of a doctor. On going through the certified copy of the impugned order it appears that the learned Judicial Magistrate has considered the rival contentions of both the parties and considering the prima facie materials on record, the impugned order has been passed by him. It is needless to say that the impugned order is an interlocutory order and not a final order and revision against such application under the provisions of the Code of Criminal Procedure is hit by Section 397 (2) of the Code of Criminal Procedure.

Calcutta High Court (Appellete Side)

Smt. Priya Lodh vs Sri Subhankar Lodh on 20 August, 2015

Author: Sankar Acharyya

C.R.R. No. 3872 of 2014