SANGITA PAL Vs. SUMANTRA PAL & ANR

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India has been filed by petitioner Sangita Pal against her husband Sumantra Pal and State of West Bengal as respondent nos. 1 and 2 respectively on 29.09.2014 challenging judgment dated 18.12.2013 passed by learned Additional Sessions Judge, 5th Court, Murshidabad at Berhampore in Criminal Revision No. 245 of 2013.

(2.) Brief history of this case is that this petitioner filed a case under Section 125 of the Code of Criminal Procedure in the Court of learned Chief Judicial Magistrate, Murshidabad at Berhampore against her husband claiming maintenance allowance for herself and her minor son in M.R. Case No. 114 of 2004. In that case maintenance allowance was granted by learned Judicial Magistrate on 20.9.2006 directing the respondent no. 1 to pay Rs.3000/- per month for the petitioner and Rs.2,000/- per month for her minor son with effect from the date of filing the application under Section 125 of the Code of Criminal Procedure. The husband respondent no. 1 filed revisional application No. 3881 of 2006 against the said judgment and order of learned Magistrate before this High Court under Section 482 read with Section 401 of the Code of Criminal Procedure and said revisional application was dismissed on 18.4.2007. Thereafter, petitioner filed an application under Section 127 of the Code of Criminal Procedure before the learned Judicial Magistrate, 2nd Court, Berhampore, Murshidabad for enhancement of maintenance allowance and that case was registered as Misc. Case No. 18 of 2007. In that case learned Judicial Magistrate granted enhancement of maintenance allowance on 8.4.2013 for payment of Rs.8,000/- per month for the petitioner and Rs.10,000/- per month for her minor son. Petitioner claimed the said amount is insufficient according to the status of the parties for maintenance of petitioner and her minor son and petitioner filed CRR No. 2131 of 2013 in this High Court for enhancement of the awarded amount. On the other hand, the respondent no. 1 filed a revisional application being Criminal Revision No. 245 of 2013 in the Court of learned Sessions Judge, Murshidabad at Berhampore challenging the same order of the learned Magistrate. Said Criminal Revision No. 245 of 2013 was decided on 18.12.2013 by the learned Additional Sessions Judge, 5th Court, Berhampore, Murshidabad reducing the amount of maintenance allowance awarded by learned Magistrate for the petitioner from Rs.8,000/- per month to Rs.6,000/- per month. On being informed about the said decision a co-ordinate bench of this High Court disposed of the CRR No. 2131 of 2013 on 5.8.2014 by way of dismissal as infructuous but liberty was given to this petitioner to assail the order dated 18.12.2013 passed by learned Additional Sessions Judge, 5th Court, Murshidabad in Criminal Revision No. 245 of 2013 in accordance with law, if so advised. Thereafter, the present revisional application being CRR No. 3236 of 2014 has been filed with an explanation of delay that the petitioner could not file the present revisional application against the order dated 18.12.2013 as the revisional application being CRR No. 2131 of 2013 was pending in this High Court against the order dated 8.4.2013 passed by learned Judicial Magistrate, 2nd Court, Berhampore in Misc. Case No. 18 of 2007 under Section 127 of the Code of Criminal Procedure. The petitioner has prayed for modification of the impugned judgment and order dated 18.12.2013 passed by learned Additional Sessions Judge, 5th Court, Murshidabad in Criminal Revision No. 245 of 2013 and for a direction upon the respondent no. 1 for payment of Rs.20,000/- in lieu of Rs.6,000/- per month as maintenance allowance for the petitioner and also for a direction for payment of Rs.25,000/- per month in lieu of Rs.10,000/- per month for the minor child of the petitioner by the respondent.

(3.) Since no one appeared on behalf of respondents despite service of notice only the learned Advocate for the petitioner has been heard. At the very outset, it comes to my notice that in this revisional application petitioner has challenged the judgment and order dated 18.12.2013 passed by learned Additional Sessions Judge, Berhampore, Murshidabad in Criminal Revision No. 245 of 2013 against the judgment and order dated 08.04.2013 passed by learned Judicial Magistrate, 2nd Court, Berhampore, Murshidabad.