PARAMITA MONDAL Vs. NISHIT MONDAL

JUDGEMENT

(1.) THE order dated 7th February 2006 passed by the learned Judicial Magistrate, 4th Court, Alipore in Misc. Case No. 629/03 under section 125 of the Cr. P. C. is under challenge.

(2.) I have heard the learned Advocates for the parties. On the basis of the application u/s 125 Cr. p. c. which was filed sometime in the year of 2003 praying for maintenance u/s 125 Cr. p. c. the learned Magistrate granted maintenance @ Rs. 1000/-for the wife petitioner and Rs. 800/-for the child with effect from the date of filing of the petition which was 2nd September 2003. Being aggrieved with the quantum of maintenance this present application has been filed on the ground that the amount of maintenance is not commensurate to the income of the husband who is a railway employee. It is the submission of the learned Advocate for the petitioner that the monthly salary of the opposite party herein was more than Rs. 10,000/-and in such circumstances, a paltry sum of Rs. 1800/-was granted which is inadequate to meet the basic requirement of the petitioner and her children. Accordingly prayer has been made for enhancement of the amount of maintenance.

(3.) LEARNED Advocate for the opposite party draws my attention to that fact that an application u/s 127 Cr. p. c. has been filed by the petitioner before the learned Magistrate praying for enhancement of the amount of maintenance and in view thereof the present application u/s 482 Cr. p. c. praying for enhancement of the amount of maintenance by modification of the order impugned is not warranted.