2.9.2026 866 sb CRR 1215 of 2025 With CRAN 1 of 2025 Rosewell Masih Vs. The State of West Bengal & Anr. Mr. Akashdeep Mukherjee Mr. Soumyadeep Nag Ms. Nasrin Nahar …for the Petitioner Md. Ashraf Ali Mr. Rajarshi Ghosh …for the O.P. no. 2 In this application, the petitioner has assailed the order dated 3rd December, 2024 passed in MR no. 28 of 2024 by which the Trial Magistrate directed the petitioner herein/husband to pay Rs. 30,000/- per month to the wife/opposite party herein for her maintenance from the date of filing of this case and the husband/petitioner herein was further directed to pay arrear amount in four equal installments. Such order was passed ex parte. Being aggrieved by that order, learned counsel for the petitioner submits that the petitioner herein/husband at the relevant point of time was admitted in hospital and was not aware about the date of hearing of the maintenance case under Section 125 of the Code of Criminal Procedure being MR no. 28 of 2024. The petitioner also missed the date on which the ex parte order was passed due to wrong posting in the diary and also in the CIS of the e-court service. Therefore, the order impugned was passed behind his back and thereby is liable to be set aside. 2 Learned counsel for the opposite party submits that the petitioner herein/husband was all along aware about the proceeding and he intentionally avoided the court and thereby the court below was justified in passing ex parte maintenance order against the petitioner herein. Having heard learned counsel for both the parties, the instant application being CRR 1215 of 2025 is hereby disposed of by giving liberty to the petitioner to make an application under Section 126(2) of the Code within a period of four weeks from this date and in the event of filing of such application, the court below will dispose of such prayer in accordance with law by giving an opportunity to both the parties to contest without getting influenced by any observations made herein within three months thereafter. Connected application, if any, is also disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)