PRASENJIT MUKHERJEE Vs. STATE OF WEST BENGAL
LAWS(CAL)-2021-9-27
HIGH COURT OF CALCUTTA
Decided on September 02,2021

Prasenjit Mukherjee Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

Tirthankar Ghosh, j. - (1.)The present revisional application has been filed in connection with Miscellaneous Case No. 202 of 2014 under Sec. 125 of the Code of Criminal Procedure, 1973 pending before the Learned Judicial Magistrate, 6th Court, Alipore along with the orders passed in connection with the said proceedings, particularly the order dated 03.04.2014 passed by the said Court.
(2.)The background of the case is as follows:
(3.)The wife (opposite party no.2) herein filed an application under Sec. 125 of the Code of Criminal Procedure on or about 04.04.2014 being Misc. Case No. 202 of 2014. In connection with the said proceedings an application for interim maintenance was preferred by the opposite party, thereby praying for an interim maintenance of Rs.10,000.00 per month to be paid during pendency of the case under Sec. 125 of the Code of Criminal Procedure. On or about 04.05.2015 the learned Judicial Magistrate, 6th Court, Alipore was pleased to allow the application for interim maintenance thereby directing the petitioner (husband) to pay sum of Rs.3,000.00 per month from the date of the order till disposal of the case and fixed 02.07.2015 for evidence. On or about 05.05.2015 an application for dissolution of marriage under Sec. 13B of the Hindu Marriage Act, 1955 was preferred at the instance of the present petitioner as well as the opposite party no.2 being MAT Suit No. 124 of 2015. In paragraph 9 of the application under Sec. 13B of the Hindu Marriage Act it has been contended as follows:
"9. That the petitioners have mutually agreed and it has been amicably settled by and between the parties that the petitioner No.1 i.e. the husband shall once and for all pay a consideration amount of Rs.2,50,000.00 (Rupees Two Lakh Fifty Thousand) only to the petitioner no.2 i.e. the wife as full and final settlement for past Present and future maintenance and this is unequivocally agreed in presence of the parents, well-wishers and friends of both the parties that henceforth the petitioner No.2 shall stated absolutely ceased, relinquished and forego from any claims and demands against the petitioner no.1 for her maintenance as well as in respect of any of his movable and immovable properties. The petitioner No.1 her already returned all the stridhan articles of the petitioner no.2 and the petitioner no.2 states that she shall have no claim in respect of the stridhan articles in future."

Consequently, affidavit-in-chief of the petitioner (husband) as well as the opposite Party no.2 (wife) was filed before the learned Additional District and Sessions Judge, Chandannagore.

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