KRISHNA KANTA BHATTACHARYA Vs. SHYAMALI BHATTACHARYA

JUDGEMENT

(1.) THE instant application invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure has been filed by the petitioner herein Shri Krishna Kanta Bhattacharya for setting aside the judgment and order dated 21st August, 2008 passed in Misc. Case no. 325 of 2005 by the learned Chief Judicial Magistrate, Howrah by reason whereof he partly accepted the application dated 2. 9. 2005 filed by the opposite Party No. 1/wife, Smt. Shyamali Bhattacharya under Section 127 of the Code of Criminal Procedure for enhancement of maintenance allowance awarded to her and her daughter Anusuya Bhattacharya earlier vide order dated. 30. 9. 1995 in Misc. Case No. 111 of 1993 and enhanced the amount of maintenance to be paid to the Opposite Party No. 1 herein and her unmarried daughter from Rs. 400/- each per month to Rs. 1,000/-each per month from the date of his order.

(2.) EVEN though -the learned Counsel for the petitioner and the learned Counsel for the Opposite Party No. 21 State of West Bengal have not cared to put in appearance before this Court inspite of order dated 23. 3. 2009 passed by this Court, I have heard the arguments of the learned Counsel appearing on behalf of the Opposite Party No. 1/wife and have also gone through the materials-on-record including the impugned judgment and order.

(3.) THE facts giving rise to this application are as follows:-The Opposite Party No. 1/wife filed an application under Section 127 of the Code of Criminal Procedure in the Court of learned Chief judicial Magistrate, Howrah on 2. 9. 2005 stating that vide order dated. 30. 9. 1995 passed in Misc. Case No. 111 of 1993 she was awarded rs. 800/- per month as maintenance and out of Rs, 800/-, Rs. 400/-were to be paid to her by the petitioner, who is her husband and rs. 400/- per month were to be paid to Anusuya by the petitioner, who is her minor daughter.