PRADYUT KUMAR ROY Vs. SAMPA ROY

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed challenging the order dated 7th may, 2015 passed by learned Additional Sessions Judge, Fast Track, 2nd Court, Barrackpore, North 24 Parganas in criminal revision no. 359 of 2014 whereby and whereunder learned Judge has affirmed the order dated 18th August, 2014 passed by learned Judicial Magistrate, First Class, 5th Court, Barrackpore in Misc. Case No. 8 of 2013 under Section 127 of the Code of Criminal Procedure.

(2.) The petitioner got married with the opposite party as per Hindu Customs and Rites and thereafter on account of some dispute between the parties, the opposite party was driven out from the house of the petitioner. The opposite party being wife of the petitioner has had no source of income and she accordingly filed an application under Section 125 of the Code of Criminal procedure praying for maintenance against the petitioner. The said application was registered as Misc. Case no. 120 of 2009 and learned Magistrate awarded a sum of Rs.3,000/- towards maintenance of the opposite party. The said order was challenged before the Court of learned Additional District Judge, Barrackpore and learned Additional District Judge, Barrackpore affirmed the said order. Long thereafter, in the year 2013 the opposite party had again filed an application under Section 127 of the Code of Criminal procedure for enhancement of her maintenance and learned Judicial Magistrate, 5th Court, Barrackpore after taking evidence of both the parties, enhanced the maintenance to the tune of Rs.15,000/-. It is apparent from the said order of learned Magistrate that learned Magistrate had taken into account the present price hike as well as the income of the petitioner. Admittedly, the gross salary of the petitioner is Rs.71053/- and his old mother is a pensioner. The said order of learned magistrate was also challenged before the Additional District Judge, Barrackpore and learned Judge after taking into account of the facts and evidence as well as income of the present petitioner affirmed the order passed by learned Magistrate.

(3.) Challenging the said order this application under Section 482 of the Code of Criminal procedure has been filed only on the ground that in the meantime the marital tie between the parties has been dissolved by a decree of divorce passed by learned Additional District Judge, 5th Court, Barrackpore of 6th of June, 2012 in matrimonial suit no. 66 of 2012 on the ground for desertion.