RATNA ROY Vs. TAPAS KUMAR ROY

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure has been preferred against the order dated July 20, 2019 passed by the learned Additional District and Session Judge, Serampore, Hooghly in connection with Criminal Motion No.4 of 2018 arising from the order dated April 9, 2018 passed by the learned Judicial Magistrate, 5th Court, Serampore, Hooghly in connection with the Misc. Case No.252 of 2017.

(2.) It has been contended by the petitioner that the petitioner filed an application under Sec. 125 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate at Serampore, Hooghly for a direction upon the husband to pay a sum of Rs.30,000.00 per month for her maintenance and the said application was registered as Misc. Case No.252 of 2017. In the said case an application for interim maintenance was also filed seeking a direction upon the respondent/husband to pay a sum of Rs.25,000.00towards monthly interim maintenance till main application for maintenance finally disposed of. The said application for interim maintenance was heard by the learned Judicial Magistrate and after considering the relevant materials and also taking into account the admission made by the opposite party no.1/husband that his monthly salary is Rs.65,000.00, the learned Judicial Magistrate, 5th Court, Serampore vide order dated April 9, 2018 was pleased to allow the said application for interim maintenance directing the opposite party no.1/husband to pay a sum of Rs.12,000.00 per month to the petitioner towards interim maintenance by the 10th day of every month, till the disposal of maintenance case.

(3.) Being aggrieved and dissatisfied with the said interim order passed by the learned Judicial Magistrate, 5th Court, Serampore, the opposite party no.1/husband preferred a revisional application before the Court of learned Additional District and Sessions Judge, 1st Court, Serampore, Hooghly who modified the said order dated April 9, 2018 with a direction to the petitioner/husband to pay interim maintenance to the tune of Rs.5,000.00 per month from 9/4/2018 i.e. the date of order passed by the Trial Court.