GANESH CHANDRA BANERJEE Vs. FRANCY BANERJEE

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of the order dated 28.4.2004 passed by the learned Judicial Magistrate, 3rd Court, Barrackpore, 24 Parganas (N) in M. Case No. 142/1997 directing him to pay @ Rs. 1,250 p.m. each to the O.P. and her daughter.

(2.) The circumstances leading to the above application are that in the divorce suit being MAT 19/1996 pending in the Court of learned Additional District Judge, 3rd Court, Barasat, the petitioner was directed to pay Rs. 1,600 p.m. to the O.P. and her daughter towards alimony pendente lite which was subsequently enhanced by order dated 30.5.2002 from Rs. 1,200 p.m. and Rs. 400 p.m. for the O.P. and her daughter to Rs. 1,800 p.m. and Rs. 600 p.m. respectively. The application of O.P. under Section 125, Cr. P.C., registered as M. Case No. 142/1997 was initially dismissed by the learned Judicial Magistrate, 3rd Court, Barrackpore by order dated 28.2.2002 which was reversed on 20.1.2004 in Criminal Revision being No. 267/2002 by the learned Additional Sessions Judge, Fast track Court, Barrackpore holding that granting of alimony pendente lite is no bar for filing application under Section 125, Cr. P.C. and as such the case was sent back to the Trial Court for fresh consideration of the matter. By order dated 28.4.2004 the learned Judicial Magistrate, 3rd Court, Barrackpore, disposed of the said M. Case 142/1997 directing the petitioner to pay Rs. 1,250 p.m. each to the O.P. and her daughter from the date of filing of the case.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present revision.