SUKANTA GHOSH Vs. SANTAM GHOSH

JUDGEMENT

(1.) This revisional application is directed against an order dated 12th May, 2000 passed by the learned Judicial Magistrate, 6th Court, Sealdah in Case No. M-3 of 1999 thereby dismissing a petition of the husband opposite party dated 15th March, 2000. By this petition the husband opposite party prayed for an order dismissing a petition of the wife dated 10th September, 1999 praying for enhancement of the amount of maintenance which she was getting so long by virtue of an earlier order of that Court dated 27th May, 1997. While the petitioner wife was enjoying that amount as maintenance, the husband filed a divorce suit and succeeded in getting a decree. Thereafter, the wife preferred an appeal which is pending before the Hon'ble Court and during its pendency the wife made a petition therein praying for enhancement of alimony which she was getting by virtue of the order of the learned Court below, i.e., the learned Additional District Judge's order dated 19th December, 1995.

(2.) The Division Bench before which this prayer was moved was pleased to allow that prayer for enhancement and in its order dated 27th January, 2000 it enhanced the amount after taking into consideration the increase in the market price of all essential commodities and also the amount of maintenance the wife was getting by virtue of an order of the criminal Court under Section 125 of the Cr.P.C. to the extent of Rs. 150/- per month. The Division Bench made it clear that the amount. enhanced totalling Rs. 800/- per month would include also the said amount of maintenance which was being received by the wife by virtue of the order of the learned Magistrate.

(3.) In view of such an order the opposite party husband filed the petition in question before the Court of the learned Magistrate praying for an order dismissing the petition for enhancement filed by the wife before it, which was still pending, on the ground that in view of the order of the Division Bench of this Court the petition was no longer maintainable. The learned Magistrate after hearing both sides rejected that petition and being aggrieved thereby the opposite party husband has preferred the present revisional application challenging the said order as erroneous and illegal.