SWAGATO BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application has been filed by the petitioner/husband under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 challenging the correctness, legality and propriety of an order dtd. 9/6/2020 passed by the learned Magistrate, 5th Court at Serampore in Misc. Case No. 1 of 2020 thereby the learned Magistrate rejected the petitioner's prayer for reducing the quantum of maintenance allowed earlier by the learned Magistrate in Misc. Case No. 3 of 2017, on the ground that the petitioner/husband's income has been reduced after his superannuation from service.

(2.) The brief fact of the instant case is that earlier an application under Sec. 125 of the Cr.PC had been filed by opposite party no. 2/wife seeking for maintenance being Maintenance Case No. 198 of 2013. The Ld. Magistrate, after hearing the parties, passed an order of maintenance to the tune of Rs.18,000.00 per month against the petitioner but petitioner did not prefer any appeal or revision against the said order and accept the said order by paying the maintenance in time to his wife.

(3.) The opposite party no. 2/wife further filed an application for enhancement of the maintenance allowance under Sec. 127 of the Cr.PC being Misc. Case No. 3 of 2017. After hearing both the parties, the Ld. Magistrate enhanced the order of maintenance from Rs.18,000.00 to Rs.23,000.00 per month on 29/12/2017. Even then enhanced maintenance allowed by the Ld. Magistrate has been accepted by the petitioner and continued to pay the same in time.