JOYDEL KUMAR BISWAS Vs. MADURI BISWAS

JUDGEMENT

(1.) The present revision is directed against the judgment and order dated 6-1-1993 passed in Misc. Case No. 535(IV)/ 91 by the learned Judicial Magistrate, 1st Class, Krishnanagar, 4th Court, Nadia upon an application under S. 127, Cr. P.C. enhancing the maintenance allowance of the wife opposite party from Rs. 100/- per month to Rs. 400/-.

(2.) The short background of the case is that the petitioner-opposite party No. 1 is the married wife of the petitioner herein and out of the wedlock a daughter was born. The petitioner failed and neglected to maintain the wife-opposite party and the daughter and for that the wife-opposite party No. 1 herein filed a petition under S. I25, Cr. P.C. before the court of the Sub-Divisional Judicial Magistrate, Krishnanagar Nadia and a case being No. 133(IV) of 1978 was registered in that court and the learned Magistrate by his order dated 12-6-1980 allowed the application of the wife and directed the husband to pay Rs. 100/- per month to the wife and Rs. 75/- per month to her daughter as maintenance. The order was challenged before this Hon'ble Court and this Hon'ble Court by the judgment dated 16-4-1984 in Criminal Rev. 1117 of 1980 modified the order of the learned Sub-Divisional Judicial Magistrate by granting maintenance allowance to the wife and the minor daughter at the rate of Rs. 150/- per month instead of Rs. 175/- per month as was directed by the learned Magistrate.

(3.) Thereafter the wife made an application under S. 127, Cr. P.C. against the husband for modification of the order of the maintenance praying for enhancement of the said maintenance and ultimately on compromise it was settled that the petitioner shall pay Rs.6, 000/- for the marriage of his daughter and he shall also go on paying maintenance allowance of Rs. 100/- per month to the wife. Sometime thereafter the wife-opposite party No. I herein made a second application under S.127 of the Code of Criminal Procedure praying for modification of the order of maintenance by enhancing the maintenance allowance from Rs. 100/- to Rs.400/- per month and that prayer was allowed by the learned Magistrate by his order and judgment dated 6-1-1993. The husband has challenged this judgment and order in this revision and also prayed for quashing of the proceeding. 1t will be appropriate to mention here that the said order was passed in Misc. Case 535(IV); 91.