25.9.2026 8. BD CRR 2411 of 2026 Santashil Mondal Vs. The State of West Bengal & Anr. Mr. Narayan Prasad Agarwal Ms. Nandini Majumder …for the Petitioner In this application the petitioner is aggrieved by the ex-parte order passed by the court below vide order dated 06.04.2026. Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that the learned court below failed to consider that the husband/petitioner was prevented by sufficient cause to appear before the court below when the matter was called on for hearing. The learned Magistrate before passing ex-parte order of maintenance should have given an opportunity to the husband/petitioner to cross-examine PW 1 to unearth the truth. The husband is paying educational and transportation expenses of their minor son hence the impugned order is liable to be set aside. Having considered the submissions made on behalf of the petitioner, it appears that the criminal procedure Code/ BNSS has itself provided remedy for the petitioner in such cases. In such view of the matter the instant application being 2411 of 2026 is hereby disposed of by giving liberty to 2 the petitioner to make a prayer before the trial court for setting aside ex-parte decree within a period of sixty days and in the event of such prayer made by the petitioner the court below will dispose of his prayer in accordance with law without being influenced by any observation made hereinabove. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)