BANANI ROY Vs. SOMNATH BANERJEE

JUDGEMENT

(1.) Affidavit of service filed by Mr. Somnath Banerjee, learned Counsel appearing for the petitioner/wife be kept with the record. It appears from the postal receipt and the envelop containing the notice that the opposite party is a Doctor attached to Burdwan Medical College and Hospital as Medical Officer and his room was always found under lock and key, intimation of notice was given by the Department. But, did not care to collect the envelop from the post office.

(2.) Accordingly, this Court finds that he avoided the service of notice intentionally. The service, as such, is accepted. In the circumstances above, this revisional application is taken up for disposal. Heard Mr. Banerjee, learned Counsel for the petitioner. The petitioner/wife has challenged the legality, validity and propriety of the order dated 4.6.2008 passed in Misc. Case No.234 of 2003 under Section 127 of the Cr. P. C. by the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum whereby the petitioner was awarded a sum of Rs.4,000/- per month towards her maintenance instead of her prayer for granting the monthly maintenance to the tune of Rs.8,000/-.

(3.) Initially, while the application under Section 125 of the Cr. P. C. was disposed of, the amount of maintenance was fixed at Rs.1500/- per month. By filing an application under Section 127 of the Cr. P. C., the petitioner herein wanted to get that monthly maintenance amount enhanced to Rs.8,000/- on the ground that the salary of the opposite party was Rs.26,000/- per month and that he had a regular income of Rs.2,000/- per day through his private practice. The opposite party is a Doctor attached to Burdwan Medical College and Hospital.