SRI GANGARAM RANA Vs. KALPANA RANA

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) This revisional application under Section 401 read with Section 397 of the Code of Criminal Procedure has been directed against the order No. 225 dated 24.3.2008 passed by Sri M. Karmakar, learned Judicial Magistrate, Additional Court, Arambagh in Misc. Case No. 17 of 86 whereby the learned Judicial Magistrate, Additional Court, Arambagh allowed the petition of the petitioner for enhancement of maintenance allowance under Section 127 of the Criminal Procedure Code with direction to the opposite party to pay monthly maintenance allowance of Rs. 500/- per month to the applicant and Rs. 300/- per month to her child (son) with effect from the date of filing of the petition on 02.3.92.

(3.) It is the case of the present petitioner that the marriage was solemnized between the petitioner and the opposite party No. 1 in the year 1391 B.S. and out of their wedlock the opposite party No.2 was born. The Opposite party No.1 filed an application under Section 125 of the Criminal Procedure Code before the learned Judicial Magistrate, Additional Court, Arambagh, praying for maintenance allowance, and after hearing the said application the Court concerned directed the present petitioner to pay to Rs. 200/- per month for the opposite party No. 1 and Rs. 100/- per month for her minor son, the opposite party No. 2, till attaining his majority. The petitioner challenged the said order before the Honble High Court by filing a criminal revisional application, and after hearing the said application Honble High Court modified the said order and directed the petitioner to pay Rs. 150/- per month to the opposite party No.1 and Rs. 100/- per month to the opposite party No.2. The opposite party No.1 filed another application praying for enhancement of the said maintenance allowance in which date was fixed for hearing and evidence on 15.4.1996. On 28.7.2005 an application was filed by the present petitioner for exempting him from payment of maintenance to the child Debrata Rana on ground of his attaining majority. The said application was moved on 30.8.2005 and hearing the said application learned Magistrate concerned rejected the said application. On 25.02.2008 argument of both sides were heard and on 24.3.2008 the impugned order was passed directing the present petitioner to pay Rs. 500/- per month to the opposite party No.1 and Rs. 300/- per month to the opposite party No. 2 from 2.3.92 till attaining his majority.