SEEMA AGARWAL Vs. SUDARSHAN AGARWAL

JUDGEMENT

(1.) The instant reivisional application has been preferred against the judgment and order dated 24.11.201Rs.7 passed by the learned Judicial Magistrate,, First Class, 5th Court, Howrah in Criminal MISC case No. 26182/2014 arising out of Mise. No. 677A/2012 and T.R. No. 80/2012 directing inter alia the opposite party no.1 to make payment enhanced amount of Rs.5000.00 per month only as maintenance allowance for the petitioner and enhance amount of maintenance of Rs.4000.00 per month oy for the minor son starting from date of this order under Sec. 127 of the Criminal Procedure Code.

(2.) The brief fact of the case is that the petitioner is the married wife of the present opposite party. Their marriage was solemnized on 19/4/2000. Out of the wedlock between the parties, a male child was birth on 16/5/2001. The relationship between the parties became strain, and as the opposite party no.1 neglected his wife and children; the present petitioner filed a mise case no.199 of 2002 before the learned Judicial Magistrate under Sec. 125 of the Code Criminal Procedure for getting maintenance. The learned Judicial Magistrate vide order dtd. 18/11/2004 has pleased the award of Rs.1,000.00 as monthly maintenance for the son of the petitioner and Rs.2,000.00 as monthly maintenance for the petitioner herself from the date of initiation of proceeding. It has been alleged by the petitioner that there are some execution cases pending between the parties as the opposite party failed to pay maintenance amount. After passing of eight years, the petitioner filed one application under Sec. 127 of the Code of Criminal Procedure for enhancement of the maintenance amount to Rs.15,000.00 per month for herself and Rs.10,000.00 per month for her son on the ground of acceleration of market price and huge expenditure on account of education of the minor son.

(3.) After hearing the parties, the learned Magistrate on 24/11/2017 passed the impugned order and enhanced the maintenance of minor son of the petitioner form Rs.1,000.00 to Rs.4,000.00 that of the petitioner Rs.2,000.00 to Rs.5,000.00 and directed the amount to be paid from the date of the order.