JAHARLAL MAJUMDAR Vs. SMT. SANDHYA MAJUMDAR

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner assailing the order dated November 22, 2016 passed by the learned Judicial Magistrate, 3rd Court, Chandernagore, Hooghly in Criminal Misc. Case No. 3 of 1999 thereby allowing the application of the opposite party/exwife of the petitioner for enhancement of the maintenance allowance.

(2.) The facts leading to the instant revision is that the petitioner filed an application under Section 127 of the Code of Criminal Procedure (hereinafter referred to Cr.P.C.) before the learned Judicial Magistrate, 3rd Court, Chandernagore praying for enhancement of her maintenance allowance from Rs. 800/- per month to Rs.1500/- per month on the ground of her inability to maintain herself with that amount due to increase of prices of the essential commodities. It was registered as Misc. Case No. 3 of 1999. Subsequently, on her prayer for incorporating an amount of Rs. 5,000/- per month instead of Rs. 1500/- per month in view of the amendment of the provision of Section 125 Cr.P.C. lifting the embargo of upper limit of maintenance, application under section 127 Cr.P.C. was amended and thereafter the application under Section 127 Cr.P.C. was disposed of on contest and maintenance allowance was enhanced to Rs. 5,000/- per month by the impugned order.

(3.) Being aggrieved by and dissatisfied with the same petitioner/husband has preferred the instant revision questioning the propriety of the order granting amendment of the application under Section 127 Cr.P.C. and enhancement of the maintenance allowance from Rs. 800/- per month to Rs. 5,000/- per month.