ALPANA BISWAS Vs. BISWANATH BISWAS & ANR

JUDGEMENT

(1.) This revisional application under Section 401 of the Code of Criminal Procedure read with Section 482 of the said Code has been filed by petitioner Alpana Biswas against her husband Biswanath Biswas and State of West Bengal as opposite parties. This revisional application has been filed challenging judgment and order no. 50 dated 25.7.2012 passed by the learned Principal Judge, Family Court at Calcutta in Misc. Case No. 32 of 2006 under Section 125 of the Code of Criminal Procedure. The petitioner filed an application under Section 125 of the Code of Criminal Procedure before the learned Principal Judge, Family Court at Calcutta praying for maintenance allowance for herself and her minor daughter at the rate of Rs.5,000/- each payable by her husband opposite party Biswanath Biswas. Her case is that her husband is an employee of South Eastern Railway and he is a well-earning person. Initially, the petitioner claimed maintenance allowance at the rate of Rs.2,500/- each for herself and her minor daughter stating her husband's monthly income of Rs.10,000/-.

(2.) Subsequently, she filed amendment petition dated 19.7.2010 to incorporate her husband's salary income as Rs.20,000/- per month in place of Rs.10,000/- per month as per papers filed by the petitioner as annexure to her revisional application. At the time of preparation of judgment in the Family Court it came to the notice of learned Judge from the notes of arguments that an amendment petition was claimed to have been filed by the petitioner claiming maintenance to the tune of Rs.5,000/- for self and Rs.5,000/- for her daughter from the opposite party. On scrutiny, learned Court did not find any such amendment petition on record. Therefore, the petitioner was directed to clarify the matter. Subsequently, the petitioner submitted her clarification making statements in support of her amendment petition. Application under Section 125 of the Code of Criminal Procedure has been allowed on contest with cost of Rs.500/- payable by the opposite party to the petitioner in the impugned judgment passed by the learned Principal Judge, Family Court at Calcutta. Maintenance allowance of Rs.2,500/- per month for the petitioner and Rs.2,500/- per month for her minor daughter has been awarded from the month of July, 2012 and the opposite party has been directed to go on paying the sum month by month. Said judgment was passed on 25.7.2012.

(3.) In the revisional application the petitioner made series of allegations of committing torture by her husband and misappropriation of her property by her husband etc. She has also referred to some amicable settlement between herself and her husband. She has claimed that her husband's salary has been enhanced to more than Rs.26,000/- and the amount of maintenance allowance granted in her favour is very low and inadequate.