DIPANWITA CHOWDHURY Vs. BIPLAB LAHA

JUDGEMENT

(1.) The instant criminal revision is filed by the wife/petitioner against the opposite party/husband challenging legality, validity and propriety of the order dtd. 5/2/2021 passed in Miscellaneous Case No. 331/2013 by the Learned Judicial Magistrate, 2nd Court at Malda.

(2.) Suffice it to say that upon contested hearing of an application under Sec. 125 of the Code of Criminal Procedure the Learned Magistrate passed an order directing the opposite party to pay a sum of Rs.8,000.00 per month to the petitioner towards her monthly maintenance allowance within 10th of each succeeding month.

(3.) It is not in dispute that the opposite party has been going on depositing the said sum in the Court below. The petitioner has come up before this Court in revision praying for enhancement of the quantum of maintenance allowance on the ground that the opposite party has been working as a 'Nirman Sahayak' under Jamalpur Gram Panchatat, Hili, Dakshin Dinajpur and he earns Rs.59,748.00 per month towards his gross salary. His net income is Rs.34,741.00. On the other hand, the petitioner has no source of income of her own and she is fully dependent upon her old ailing parents. It is submitted by the Learned Advocate for the petitioner that in criminal Misc. Case No. 75/2012 decided on 12/2/2013 in the case of Lalit Bhola - Vs.- Nidhi Bhola, this Court was pleased to reiterate the principles on the basis of which the Court should award maintenance. The status of the parties, requisite requirements of the claimant, income and property of the claimant, number of persons to be maintained by the husband, other liabilities of the husband and the amount required for maintenance of the wife considering the social status of the parties are certain guidelines to be followed by the Court in order to fix the amount of maintenance allowance. It is submitted by the Learned Advocate for the petitioner that considering the gross salary and net income of the opposite party the amount of maintenance ought to be allowed at least to Rs.15,000.00 per month.