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Calcutta High Court · body

2025 DAILYLAW 3382 (CAL)

KAMAL MONDAL v. STATE OF WEST BENGAL AND ANR

CRR/3344/2025 · 2026-08-19

Ajoy Kumar Mukherjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12. Ct.29 CRR 3344 of 2025 19.08.2026 Bd. Kamal Mondal -vs- The State of West Bengal & Anr. Mr. Mrinal Kanti Mukherjee … for the petitioner Mr. Sudhakar Biswas Mr. Gourab Ghosh … for the opposite party no. 2 In this application petitioner is aggrieved by the order dated 31st March, 2014 by which the court below has passed ex- parte order of maintenance against the opposite party no. 2. Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that court below erred in law by passing the ex-parte order without considering the material fact and/or evidence as to the alleged claim of the opposite party no. 2. The court below at the time of passing the said order did not consider that at the time of alleged marriage of the opposite party no. 2 with the petitioner, the petitioner was not unmarried but he had a spouse living and therefore the opposite party 2/wife cannot have any claim of maintenance against the petitioner. However, learned counsel for the petitioner submits that he wants to contest the said matrimonial proceeding though he admits that he has not taken any recourse as yet under section 126(2) of the Cr.P.C. read with section 145(2) of the BNSS. Having heard learned counsel for the petitioner and the opposite party no. 2, the instant application being CRR 3344 of 2025 is hereby disposed of by giving liberty to the petitioner to make an application before the court below under the proviso to 2 section 145(2) of the BNSS subject to other provisions of law and in the event of filing of such application and in the event the court finds that such application is maintainable he will dispose of such application in accordance with law after giving opportunity to both the parties to contest, without being influenced by any observation made herein, preferably within a period of three months from the date of filing such application, if any. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)