MST HAFIZA GAZI Vs. SAHANURJAMAN GAZI @ SAHANUR

JUDGEMENT

(1.) This is an application challenging the judgment and order dated 21st August, 2018 passed by the learned Judicial Magistrate, 1st Class, Baruipur, 24- Parganas (South) in Misc. Case No. 228 of 2015, thereby rejecting the petitioner's prayer under Section 127 of the Code seeking enhancement and maintenance allowance in favour of the petitioner as well as her two minor daughters.

(2.) The learned counsel appearing on behalf of the petitioner submits as follows. By an order dated 5.6.2013, the learned Magistrate was pleased to grant maintenance allowance under Section 125 of the Code to the petitioner/wife and her two minor children at the rate of Rs.3000/- per month for the wife and Rs.2000/- per month each for her two daughters. The opposite party no.1/husband is working as a police constable at a traffic guard and earns a handsome salary. The opposite party no.1 also has ancestral property and some earnings from there. From 2013 to this date, his salary has undergone a significant increase. On the other hand, the petitioner is finding it difficult to meet the expenses for herself and her two minor school-going daughters. The increase in price index has affected them badly. The learned Magistrate erred in denying an enchancement of maintenance allowance to the petitioner for herself and her two daughters.

(3.) The learned Counsel appearing on behalf of the opposite party no.1 submits as follows. The inflation has affected both the parties. Therefore, regardless of a minor increase in the salary of the petitioner, at present the opposite party no.1 is paying nearly 1/3rd of his income as maintenance allowance for her wife and children. The learned Magistrate was absolutely right in rejecting the petitioner's application under Section 127 of the Code.