AMARENDRA KUMAR PAUL Vs. MAYA PAUL

JUDGEMENT

(1.) Leave granted.

(2.) Appellants herein are aggrieved by and dissatisfied with a judgment and order dated 23rd July 2007 passed by a learned single Judge of the Calcutta High Court whereby and whereunder the order dated 15th February 2006 passed by the Judicial Magistrate, 2nd Court, Berhampore, in Execution Case No. 186 of 2005 for execution of an order passed under Section 125 of the Code of Criminal Procedure (for short, the Code) was upheld.

(3.) The relationship between the parties is not in dispute. The 1st respondent is the wife of the appellant herein. They have three children. 1st respondent herein filed an application in the year 1984 for grant of maintenance in terms of Section 125 of the Code not only on her own behalf but also on behalf of her two minor daughters, viz., Bandhu Priya Paul and Bandhu Priti Paul as also her minor son, viz., Bandhu Prakash Paul from February 1983. Pursuant thereto or in furtherance thereof an order was passed in her favour by a learned Magistrate on 24th August 1987 directing payment of maintenance @ Rs. 500/- per month in favour of 1st respondent and @ Rs. 125/- per month for the three minor children. An application for enhancement of the said amounts of maintenance was filed which was registered as Misc. Case No. 6 of 1993. The learned Chief Judicial Magistrate, by a judgment and order dated 13th July 1994, directed enhancement of maintenance in respect of the said minor children @ Rs. 450/- per month from February 1993. A criminal revision case thereagainst filed by the appellant was dismissed by the learned Sessions Judge by an order dated 18th February 1997. The said order was challenged by the appellant before the High Court and the High Court dismissed the application being C. R. R. No. 1852 of 1997 filed by the appellant by an order dated 12th March 2004 stating :