MINATI BISWAS Vs. STATE

JUDGEMENT

(1.) THE present case arises out of an application under Article 227 of the Constitution of India. It is directed against the Order dated 15.2.2011 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Barrackpore, North 24 Parganas in Criminal Revision No. 120 of 2010 setting aside the order dated 3.3.2010 5th Court, Barrackpore in Misc. Case No. passed by the learned Judicial Magistrate, 57 of 2008 under Section 127 of the Code of Criminal Procedure arose out of Misc. Case No. 350 of 2002 under Section 125 of the Code of Criminal Procedure.

(2.) THE relevant facts of the present case are, in a nutshell, as follows: The present petitioner herein/wife initiated a proceeding under Section 125 of the Code of Criminal Procedure against her husband/Opposite Party No. 2 herein for her maintenance. The said proceeding was registered as Misc. Case No. 350 of 2002. In the said Misc. Case, the learned Judicial Magistrate, 5th Court, Barrackpore, North 24 Parganas by his order dated 29.3.2006 allowed the prayer for maintenance of the petitioner and the husband was directed to pay Rs. 1600/- p.m. to the petitioner.

(3.) THE grievances of the petitioner/wife are, in short, as follows: The learned trial court failed to appreciate the judgment of the learned Magistrate in the matter of enhancement of maintenance in its proper perspective and approached the case from a wrong angle and this has resulted in failure of justice. The learned trial court without assigning any reason whatsoever modified the order dated 15.2.2011 though the learned Magistrate in the said order stated the reasons as to why the previous maintenance order was enhanced. The learned trial court without considering the income of the husband and status of the parties reduced the amount of maintenance.