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2013 DIGILAW 486 (CAL)

In the matter of: Khurshid @ Kanchan Alam v. .

2013-07-23

JOYMALYA BAGCHI

body2013
Judgment : The impugned order dated May 16, 2013 passed by the learned Chief Judicial Magistrate, Durgapur, Burdwan in Misc. Execution No. 61 of 2012 arising out of M. Case No. 286 of 2011 has been challenged. It appears that execution proceeding is pending before the learned Magistrate due to non-payment of maintenance dues. By the order dated May 16, 2013, the learned Magistrate declined to stay the execution proceeding on the ground that no stay order had been obtained from the superior Court. The case made out in the revisional application is that the opposite party no. 2 has been employed as Anganwari Worker in ICDS project. I am of the view that no case of staying and/or quashing of the execution proceeding has been made out. In the event, the petitioner chooses to canvas the fact that the wife has subsequently acquired sufficient means of income, he is at liberty to pray for variation/modification of the order of maintenance by resorting to Section 127 of the Criminal Procedure Code. The revisional application is, accordingly, dismissed.