SWAPAN KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of a proceeding under Section 127 of the Code presently pending before the learned Judicial Magistrate, 2nd Court, Barrackpore, North 24-Parganas and all orders passed therein.

(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The opposite party no.2 was granted maintenance allowance under Section 125 of the Code in 1989 for herself and for her minor daughter. Subsequently, she filed an application under Section 127 of the Code praying for increase in the amount of maintenance. The same was awarded. The daughter became a major and, in fact, got married in 2003. An application was filed by the husband to reduce the maintenance payable to the wife as the daughter had become major. The petitioner was getting a sum of Rs.1500/- after the last enhancement. The petitioner's case is that she had paid excess amount as maintenance allowance. Subsequently, the wife prayed for an exorbitant sum of Rs.20,000/- as an increased sum under Section 127 of the Code, although the petitioner had retired from his service in the meantime. The petitioner was also aggrieved with the execution cases filed by the wife. As per instruction, the proceeding under Section 127 of the Code is pending at the stage of arguments.

(3.) I have heard the submissions of the learned Counsel appearing on behalf of the petitioner and have perused the revision petition.