GANESH BHAKAT Vs. LATIKA BHAKAT

JUDGEMENT

(1.) HEARD Mr. Partha Pratim Day, learned Advocate appearing on behalf of the petitioner as well as Mrs. Sujata Das, learned Advocate appearing on behalf of the wife/opposite party. Perused the impugned order and other materials on record.

(2.) THIS criminal revisional Application is directed against an order passed by the learned Judicial Magistrate, 2nd Court, Malda in connection with a proceeding under Section 125 of the Code of Criminal Procedure awarding a monthly maintenance at the rate of Rs. 1,600/- for the wife and Rs. 1,000/- for the minor child.

(3.) MR. Das, learned Advocate for the petitioner vehemently urged that in an application under Section 125 of the Code the wife prayed for maintenance of Rs. 1,000/- for herself and Rs. 500/- for her minor daughter. In this connection, he draws the attention of this Court to the Annexure "a" to this criminal revisional application i. e. wife's application under Section 125 of the Code. Accordingly, mr. Das contended that when it is the prayer of the wife who be the best person about her needs, that a total sum of Rs. 1,500/- per month will be sufficient, the learned Magistrate has no jurisdiction to direct payment of an amount which is more than that. Accordingly, he submitted it would have been appropriate for the learned Court below to grant maintenance to the wife as per her claim.