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Judgment
This revisional application is directed against the order no. 12 dated January 12, 2017 passed by the learned Additional District Judge, First Court,
Barasat in Miscellaneous Case No. 220 of 2016 in which an application dated November 22, 2016 filed by the petitioner is dismissed on contest.
Admittedly the said Miscellaneous Case originated on the basis of an application filed by the petitioner under Guardians and Wards Act claiming permanent custody of the minor children. It is also not in dispute that the opposite party initiated a proceeding under Section 125 of the Code of
Criminal Procedure before the jurisdictional Magistrate claiming maintenance not only for herself but also for minor children. In the said proceeding,
the petitioner was directed to pay a sum of Rs.15,000/- each for the minor children and it is submitted by him that the claim for maintenance so far it relates to the opposite party, was negatived. The matter is still sub-judice. The interlocutory application was filed by the petitioner on November 22,
2016 for an order that he should be allowed to pay the tuition fees for the respective classes attended by the minor children directly to the concerned teachers or institutions.
What can be gathered from the statements made in the aforesaid application that the petitioner has lost trust and confidence upon the opposite party over the utilization of the maintenance amount awarded by the Magistrate in the said proceeding. It is really alarming that the learned Judge while dismissing the said application, observed that those tutors do not issue any receipts. In other words, whatever they received from the respective children goes unaccounted.
This court cannot approve such observations made by the learned Judge. However, this court finds difficulty in interfering with the impugned order as the latent intention of the petitioner is to achieve modification, alteration and/or clarification of an order passed by the Magistrate in awarding the maintenance to the minor children.
With the findings recorded hereinabove, the revisional application stands dismissed and the ultimate conclusion of the Trial Court is uninterferred with.