MOUSUMI MONDAL Vs. ANIRUDDHA MONDAL & ANR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been directed against a judgment and order of Criminal Revision No. 06 of 2014, passed by learned Sessions Judge, Bankura, of modification of an order of maintenance allowance passed under Section 125 of the Code of Criminal Procedure, 1973 in Misc. Case No. 77 of 2012 passed by Additional Chief Judicial Magistrate, Bishnupur, Bankura.

(2.) PETITIONER Smt. Mousumi Mondal has filed the instant application against her husband for setting aside the impugned order alleging inter alia that on her prayer learned Additional Chief Judicial Magistrate granted maintenance allowance of Rs.3000/ - per month for herself and Rs.2500/ - per month for her minor daughter payable by her husband O.P. The O.P. filed revisional application against the said judgment in which learned Sessions Judge reduced the amount of maintenance allowance to the tune of Rs.2500/ - instead of Rs.3,000/ - for the wife petitioner and of Rs.2000/ - instead of Rs.2500/ - for the minor daughter causing miscarriage of justice.

(3.) ADMITTED facts are that the petitioner is married wife of the O.P. Shri Aniruddha Mondal, one son and one daughter have born out of their wedlock, the minor son is living under care and custody of the husband but the wife lives away from her husband with her minor daughter, the husband is a CRPF jawan and his monthly gross salary is Rs.20,793/ - as in July, 2013 but his net salary is Rs.10,272/ - per month after deductions exceeding minimum statutory deductions at the will of the husband and the father of the husband O.P. is a pension holder retired school teacher.