DEBJANI DAS Vs. SHYAMAPADA JANA

JUDGEMENT

(1.) Applicant of Misc Case No.426 of 2009 being a proceeding under Sec. 125 of the Code of Criminal Procedure has challenged the legality, validity and propriety of an order dtd. 27/12/2021 passed by the learned Judicial Magistrate, 5th Court at Alipore directing the opposite party/husband to pay maintenance allowance at the rate of Rs.4500.00 per month to the applicant from the date of the order on the ground that the learned Magistrate while fixing the quantum of maintenance failed to consider that monthly income of the husband of the applicant/opposite party herein. She also failed to appreciate that the applicant/petitioner was granted interim maintenance at the rate of Rs.10,000.00 per month by this Court and final order of maintenance cannot be less than the interim order of maintenance.

(2.) Petitioner conducted the hearing of the revision petition in person. The opposite party/husband has duly represented by his learned Advocate.

(3.) I have heard the petitioner and the learned Advocate for the opposite party at length. It is pertinent to mention here that at the time of hearing the petitioner has submitted a written note in vernacular, the said written note is kept with the record.