MAFIJUR RAHAMAN Vs. MORIAM SULTANA

JUDGEMENT

(1.) This is an application challenging an order dated 04.01.2019 passed by the learned Additional Sessions Judge, 2nd Court, Katwa, Burdwan in Criminal Revision No. 79/17, thereby affirming the order dated 15.06.2017 passed by the learned Judicial Magistrate, 4th Court, Katwa, Burdwan in Misc. Case No. 10/14 under Section 125 of the Code.

(2.) An affidavit of service filed on behalf of the opposite party no.1 is taken on record.

(3.) Learned counsel appearing on behalf of the petitioner submits as follows. An application was filed by the opposite party no.1/wife claiming maintenance under Section 125 of the Code for herself/as well as for her two minor children being the present opposite party nos. 2 and 3. The learned Magistrate was pleased to direct the petitioner/husband to pay Rs. 4,500/- as monthly maintenance allowance for the wife and to pay monthly maintenance allowance of Rs. 3,500/- and Rs. 3,200/- for his two minor daughters with effect from June 2017. According to the petitioner/husband, the petitioner was earning about Rs. 27,000/- per month as salary and the sums granted as maintenance allowance are too high for him to pay. He had to maintain his aged mother and other relatives as well as himself. Besides, a joint property has been purchased earlier by the petitioner and the opposite party no.1.