JAY SENGUPTA,J. - (1.) This is an application challenging the impugned order dated 24.12.2020 passed by the learned Judicial Magistrate, 5th Court, Barrackpore, North 24- Parganas being Case No. M-184 of 2019 under Section 125 of the Code.
(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The learned Trial Magistrate had earlier fixed a date for hearing of the application under Section 340 of the Code filed by the husband instead of passing any order on the application for interim maintenance allowance field by the petitioner/wife. By an order dated 13.10.2020 passed in CRR No. 563 of 2020, this Court had directed the learned Trial Magistrate to dispose of both the applications, the one for interim maintenance and the other under Section 340 of the Code expeditiously and independently. Despite bringing this order to the notice of the learned Trial Court on 24.02.2020, the learned Trial Court simply passed an order fixing 4th February, 2021 as a date for hearing of the application under Section 340 of the Code while not dealing with the application for interim maintenance at all. This is a contemptuous act committed by the learned Trial Magistrate and the impugned order ought to be set out. It is further prayed that the proceeding may be transferred from the Court of the learned Trial Magistrate to any other competent Court.
(3.) Learned Counsel appearing on behalf of the opposite party no.2 submits as follows. The impugned order passed by the learned Magistrate, thereby dealing only with the application under Section 340 of the Code and not with the application for interim maintenance, could not be supported. The learned Magistrate may be directed to fix a date for hearing of both the applications, one after the other.;