ASISH DAS Vs. NAMITA DAS

JUDGEMENT

(1.) Heard Mr. Suman Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. Anujit Dey, learned Legal Aid Counsel appearing for the respondents.

(2.) This petition has been converted to a petition under Section 19(4) of the Family Courts Act, 1984. By this petition, the order dated 05.04.2019 delivered in Misc.497 of 2018 has been challenged. By the said order, the maintenance of the respondents has been enhanced from Rs.6000/- to Rs.15,000/- per month in the proceeding under Section 127 of the Cr.P.C.

(3.) Mr. Bhattacharjee, learned counsel appearing for the petitioner has submitted that the petitioner has received one notice which is unsigned. Mr. Bhattacharjee, learned counsel has referred to Annexure- 2 which is photo copy of the notice without any change. From that copy, it appears that the Judge, Family Court did not authenticate that notice nor did any officer under his control did so. According to Mr. Bhattacharjee, learned counsel that is the sole reason that the petitioner did not believe it to be the notice from the court and as such, he did not appear in the said proceeding.