Extracted from the PDF above. The PDF is authoritative.
D/L – 6 20/08/2026 Court No.42 S.Kundu CRR 2076 of 2023
Nakul Ram Vs. Tumpa Ram
1. When this matter is called for hearing, none appears on behalf of the petitioner nor is any accommodation prayed for even upon second call. 2. The petitioner has not represented even on the earlier occasion as well, with this matter having appeared in the regular list continuously since 11th August, 2026. Despite ample opportunities afforded from time to time for the petitioner to prosecute his case, his continuous absent signifies a lack of genuine interest in pursuing this revisional application. 3. Furthermore, this revisional application has remained pending on the docket of this Court since 2023. It is well established principle of criminal jurisprudence that the right to an expeditious trial and prompt resolution of dispute constitutes an integral component of the right to live and personal liberty under Article 21 of the Constitution of India, flowing directly from the imperatives of natural justice. 4. Prolonged pendency of litigation to serve neither the State of the administration of criminal justice nor the litigant public; leaving matters hanging indefinitely due to the indolence and
2 deliberate inaction of the party undermines public confidence in the judicial mechanism. Consequently, this Court proceeds to examine and dispose of this revisional application on its own merits based on the materials available on record. 5. The factual matrix traversing the trial court records indicates that the marriage between the petitioner (husband) and the opposite party (wife) was solemnized about a decade ago according to Hindu rites and customs, and out of this wedlock, a female child, Nidhi Ram, was born. Soon after marriage, marital discord surfaced when the petitioner and his family members allegedly subjected the opposite party to severe physical and mental cruelty driven by demands for a dowry of Rs. 2,00,000/-, which was partially met by her father. Subsequent demands for an additional sum of Rs. 1,00,000/-, coupled with threats of a second marriage and continuous mistreatment, culminated in a brutal assault on
28.07.2021. Following this incident, which necessitated medical intervention, Malda Police Station Case No. 380 of 2021 dated 27.07.2021 was registered under Sections 498A/325/308/506/34 of the Indian Penal Code against the petitioner and his relatives.
Having been driven out of her matrimonial home, the opposite party took shelter at her father's house along with her minor child, entirely devoid of any independent source of income. 6. In light of her destitute circumstances, the opposite party instituted a proceeding under Section 125 of the Code of
3 Criminal Procedure, registered as Misc. Case No. 283M/2021 before the Learned Chief Judicial Magistrate, Malda, claiming maintenance of Rs. 15,000/- per month for herself and her minor daughter. The petitioner contested the said proceeding by filing a written objection denying the allegations and questioning the wife's earning capacity. Upon considering the rival pleadings and prima facie materials, the Learned Judicial Magistrate, 1st Court, Malda, vide order dated 19.09.2022, directed the petitioner to pay a consolidated interim maintenance of Rs. 12,000/- per month to the opposite party and her daughter from the date of filing. 7. Being aggrieved by the said interim direction, the petitioner preferred a criminal revision before the Sessions Court, Malda, registered as Criminal Revisional Case No. 56 of
2022. The Learned Additional District and Sessions Judge, Fast Track Court-1, Malda, by a comprehensive judgment and order dated 23.03.2023, dismissed the revision. The Revisional Court rightly held that an order of interim maintenance passed under Section 125 Cr.P.C. is interlocutory in nature, designed to provide immediate sustenance to prevent starvation and vagrancy, and is consequently barred from challenge under Section 397(2) of the Cr.P.C. Dissailed with the concurrent findings, the petitioner approached this Court through the instant revisional application. 8. Upon a close scanning and meticulous evaluation of the judgments passed by both the Trial Court and the Revisional
4 Court, this Court finds no patent illegality, procedural impropriety, or perversity in the impugned orders. Section 125 of the Cr.P.C. is a benevolent, social-welfare legislation enacted to fulfil a humanitarian purpose by ensuring that a neglected wife and minor child are not left destitute. The quantum of Rs.
12,000/- per month fixed jointly for the wife and child is well-balanced against prevailing economic realities and cannot be termed excessive or arbitrary, particularly when weighed against the statutory obligation of a healthy, able-bodied husband to maintain his dependents. Both lower courts exercised sound judicial discretion in granting interim relief to bridge the financial gap pending the final disposal of the main maintenance proceeding. 9. In view of the aforesaid facts and legal principles, this Court concludes that the impugned orders suffer from no legal infirmity warranting the extraordinary interference of this Court under its revisional jurisdiction. 10. Accordingly, the revisional application stands dismissed. 11. There will be no order as to costs. 12. All interim orders, if any, stand vacated. 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously upon compliance with requisite formalities. (Uday Kumar, J.)