NARAYAN CHANDRA DAS Vs. GITA RANI DAS

JUDGEMENT

(1.) The twin revisional applications, one being C.R.R. 618 of 2002 filed by the husband, hereinafter referred to as the petitioner, and the other being C.R.R. 1034 of 2002 filed by wife, henceforth referred to as the O.P.. are directed against the order dated 24.01.2002 passed by the learned Judicial Magistrate, 4th Court. Burdwan in Misc. Case No. 7/97 under section 127 Cr. PC granting enhancement of maintenance allowance. Since same question of law and fact are involved, both the applications were heard analogously.

(2.) The O.P. obtained an order of maintenance @ Rs. 300/- p.m. for self and her son in Misc. Case 739 of 1981 under section 125 Cr. PC from the Court of learned Judicial Magistrate, 4th Court, Burdwan on 08.04.84. She filed an application under section 127 Cr. PC being registered as Misc. Case 7 of 1997 on 05.05.97 for enhancement of maintenance to the tune of Rs. 1200/- p.m. and 1000/- p.m. for self and her son respectively contending that the earning of the O.P. who has since been absorbed in a permanent post in the Eastern Railway has increased to Rs. 4000/5000/- p.m. and the amount of Rs. 300/- p.m. so awarded in 1984 is not sufficient to maintain themselves. The petitioner opposed to the enhancement contending that the O.P. has inherited the property of her father, and her son having already attained majority is not entitled to claim any maintenance.

(3.) Two witnesses each on both sides were examined, and after considering the facts, circumstances and materials on record, the learned Court below allowed the prayer of the O.P. in part by the impugned order enhancing the maintenance allowance to Rs. 1000/- p.m. to the petitioner from the date of application and Rs. 700/- p.m. for the son payable till December, 2000.