KAKULI BOWMIK Vs. ANIL BHOWMIK

JUDGEMENT

(1.) This is an application challenging an order dated 31.08.2017 passed by the learned Judicial Magistrate, Amta, Howrah in Criminal Misc. Case No.04/2013 under Section 127 of the Code thereby enhancing the monthly maintenance allowance payable to the petitioner from Rs.500/- to Rs.1000/- per month.

(2.) The learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner/wife filed an application under Section 125 of the Code claiming maintenance allowance from the opposite party no.1/husband in 1998 vide Misc. Case No.36/1998. On 14.8.2002, the learned Judicial Magistrate, Amta, Howrah was pleased to allow her application and grant Rs.300/- as monthly maintenance allowance to her. Thereafter, she prayed for enhancement of the sum under Section 127 of the Code. By an order dated 20.02.2006 passed in Misc. Case No.37 of 2004, the learned Judicial Magistrate, Amta, Howrah was pleased to enhance the sum of Rs.300/- to Rs.500/- per month. Subsequently, the petitioner filed another application for enhancement under Section 127 of the Code leading to the present case. A sum of Rs.1000/- per month granted on the said application is grossly insufficient for the maintenance of the petitioner. The petitioner s case is that the husband/opposite party no.1 was a senior agent of the Life Insurance Corporation of India and had another business from which he earned handsomely. His total income was about Rs.40,000/- per month.

(3.) The learned Counsel appearing on behalf of the husband/opposite party no.1 submits as follows. The purported marriage between the petitioner and the opposite party no.1 is in question. Although the opposite party no.1 prayed for a declaration of nullity of marriage before the learned Civil Court, the same was dismissed. The husband preferred an appeal against the said order. After the appeal was dismissed for default, a restoration application is pending on that. Unlike the stand taken before the learned Magistrate that he was a day labourer, the learned Counsel submits that the opposite party no. 1 is indeed an agent of Life Insurance Corporation of India, but earns a rather paltry sum from such work.