ARCHANA JAISWAL Vs. HARISH CHANDRA JAISWAL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 22 dtd. 11/4/2019 passed by the learned Principle Judge, Family Court, Calcutta in Misc. case no. 14 of 2016, the present revisional application has been preferred.

(2.) The petitioner's contention is that the petitioner was married with the opposite party and due to said matrimonial relationship, the petitioner gave birth of one male child namely, Pratik Jaiswal on 8/10/1998. Further allegation of the petitioner is that since marriage, the petitioner was subjected to serious physical and mental torture by the opposite party at the instigation and active participation of her in laws and for which the petitioner initiated one application under Sec. 125 of the Code of Criminal Procedure. The said application was heard and disposed of on 17/10/2012, directing the opposite party to pay a sum of Rs.5,000.00 (Rupees five thousand) only per month to the petitioner/wife and Rs.4,000.00 (Rupees four thousand) only per month for her son. On 18/3/2016, the opposite party initiated one application under Sec. 127 of the Code of Criminal Procedure, 1973 being Misc. case no. 14 of 2016 praying for modification of the aforesaid order dtd. 17/10/2012 in maintenance case no. 54 of 2003 by releasing the opposite party from paying maintenance amount of Rs.4,000.00 to the son who has attained majority. After hearing the learned Principal Judge, Family court allowed the application and the order dtd. 17/10/2012 passed in Misc. case no. 54 of 2003 was modified to the extent that the petitioner is no longer entitled to maintenance on account of her son since November 2015.

(3.) By the impugned order dtd. 12/6/2019 in Misc. execution case no. 65 of 2016, the executing court observed that record reveals that the petitioner has received amount of Rs.4,000.00 per month as maintenance for her son knowing well that the minor son attained majority on and from 18/10/2015, though she is not entitled to any maintenance for her son since November 2015 on account of attaining majority of her son, Pratik Jaiswal and considering all these aspects, the application dtd. 20/3/2018 was disposed of by the court below with a direction that the excess amount of Rs.95,000.00 paid by the opposite party to the petitioner be adjusted with the arrears amount claimed by the petitioner/wife.