MAHABUB ALAM Vs. TAUHIDUNESSA BEGUM & ORS

JUDGEMENT

(1.) The petitioner has preferred this revisional application under Section 482 of the Code of Criminal Procedure challenging the judgment and order dated January 5, 2015 passed by learned Sessions Judge, Burdwan, in Criminal Appeal No.5 of 2011, by which learned Sessions Judge enhanced the amount of interim maintenance of the opposite party from Rs.1,200/- per month to Rs.5,000/- with effect from February 28, 2011.

(2.) It appears from record that the opposite party wife started one proceeding against the petitioner husband before the court of learned Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005. In the said proceeding, learned Magistrate directed the petitioner husband to make payment of interim maintenance @ Rs.1,200/- per month in favour of the opposite party wife w.e.f. February 28, 2011. The said order of interim maintenance was challenged by the petitioner husband before the court of sessions by preferring Criminal Appeal No.5 of 2011. On January 5, 2015, learned Sessions Judge disposed of the criminal appeal by enhancing the amount of interim maintenance awarded in favour of the opposite party wife from Rs.1,200/- per month to Rs.5,000/- per month. The said judgment and order passed by learned Sessions Judge in the criminal appeal is under challenge in this revision.

(3.) Mr. Chatterjee, learned counsel appearing on behalf of the petitioner contends that the petitioner has retired from Government service and his income projected before the trial court as Rs.22,000/- per month is now reduced to a considerable extent due to retirement. Mr. Chatterjee also submits that the petitioner is duty bound to maintain his aged mother and the children who are living with him. According to Mr. Chatterjee, the amount of interim maintenance enhanced to Rs.5,000/- per month needs to be reduced, so that the petitioner is in a position to make payment of interim maintenance.