SANKAR KUMAR MAJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application challenging an order dtd. 31/7/2017 passed by the learned Additional Sessions Judge, 2nd Court, Uluberia, Howrah in Criminal Revision No. 6 of 2016/12 of 2016 arising out of order dated 19.10. 2015 passed by the learned Judicial Magistrate, 1st Court, Uluberia, Howrah in Misc. Case No. 158 of 2018 (T.R. No. 174 of 2012).

(2.) The marriage between the petitioner and the opposite party no. 2 was solemnized in 1995. A child was born to the couple who is aged about 24 years now. On March 10, 2007 the said marriage was dissolved by way of a divorce on mutual consent. An amount of Rs.90,000.00 was purportedly agreed to be the full and final settlement of the claims of the wife. However, in 2012, a wife filed an application under Sec. 125 of the Code in Misc. Case No. 158 of 2012 seeking maintenance allowance at the rate of Rs.20,000.00 per month for herself and her minor son. On October 19, 2015 the learned Magistrate directed payment of maintenance allowance at the rate of Rs.1000.00 from the date of order for the wife while maintenance for the son was rejected as he had become a major by then. The petitioner filed a revision before the learned Sessions Court challenging the said order. The learned revisional Court directed the husband to pay maintenance allowance at the rate of Rs.5,000.00 per month from the date of the impugned order in favour of the wife.

(3.) Learned Senior counsel appearing on behalf of the petitioner/husband submitted as follows. Although the opposite party no. 2 had waived her right to future maintenance from her husband by accepting a sum of Rs.90,000.00 as a full and final settlement in 2007, in 2012 she again filed an application under Sec. 125 of the Code claiming maintenance for herself and her minor son. The amount was received by the wife by way of full and final settlement with an affidavit made before the learned Judge, Lok Adalat in Howrah in MAT Suit No. 116 of 2007. The claim of the son was rejected in 2015 as he had become an adult by then. But, a sum was erroneously granted by the learned Trial Court as maintenance allowance for the former wife and was subsequently affirmed and enhanced by the learned Revisional Court. Reliance was placed on a decision of this Court in Sri Subhankar Majumder vs. Smt. Banani Majumder, 2016 SCC OnLine Cal 8937, of the Punjab and Haryana High Court in Puran Chand vs. Smt. Palo, 1986 (2) Crimes 177 and on a Division Bench of the Hon'ble Bombay High Court in Shrawan vs. Sau Durga and Ors., 1988 (3) BomCR 343.