DEBAKI SARKAR Vs. SUBHAS BISWAS AND ORS.

JUDGEMENT

(1.) By preferring the present application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity). The petitioner has prayed that the order dated 20.08.2014 passed by the Learned Judicial Magistrate, 2nd Court, Barasat, North 24-Parganas in Miscellaneous Case No.445 of 2004 be set aside and the O.P. No.1 be directed to pay her maintenance at an enhanced rate of Rs.25,000/- per month with effect from 29th July, 2004 i.e. from the date of filing of the said application for enhancement.

(2.) The factual background giving rise to the instant application is that the present petitioner filed an application under Section 125 of the Cr.P.C. on 07.08.1998 which was registered as Misc. Case No.427 of 1998. That case was finally disposed of on 19th March, 2004 directing the present O.P. No.1 to pay maintenance at the rate of Rs.1,500/- per month to the petitioner. Being aggrieved by such order, she filed an application under Section 127 of the Cr.P.C. for enhancement of maintenance which was heard and disposed of by the impugned order dated 20.08.2014 and by such order the maintenance has been enhanced from Rs.1,500/- to Rs.8,500/- per month. However, it was directed that such enhanced maintenance would be payable from the date of the order i.e. from 20.08.2014. Being dissatisfied with such order she has come up before this Court with the present application.

(3.) The petitioner who appeared in person submitted that the Learned Magistrate did not record any reason for passing the impugned order specially for giving effect to the order from the date of order itself and why not from the date of filing of the application for enhancement. She further submitted that the enhanced amount is also not commensurate with the income of the husband/O.P. No.1 who draws salary of Rs.57,245/- per month. According to her the Learned Magistrate did not consider her prayer for enhancement to the extent of Rs.25,000/- per month and he did not also fix the enhanced quantum after taking evidence and taking in to consideration the facts and circumstances of the case. Therefore, she concludingly submitted that the impugned order is bad in law and is liable to be set aside and the O.P. No.1 should be directed to pay her maintenance @ Rs.25,000/- per month with effect from 29.07.2004 i.e. from the date of filing of the application for enhancement under Section 127 Cr.P.C.