ANUPAL KALITA Vs. SMTI. SHIKHA MEDHI KALITA

JUDGEMENT

(1.) Heard Mr. P. Roy, learned Sr. Counsel, assisted by Mr. I. Alam, learned Counsel, appearing for the petitioner. Mr. Roy, learned Sr. Counsel, has contended that, notwithstanding the amendment brought by the 2001 amendment ( No. 50 of 2001) in respect of Sec. 127, the Code of Criminal Procedure ( for short, Cr.P.C.) there can't be enhancement of maintenance allowance more than 500.00 ( Rupees Five Hundred) at a time.

(2.) In view of the said law point, raised by the petitioner, regarding ceiling of enhancement of maintenance allowance and in order to arrive at a correct decision, this Court requested Mr. A.K. Bhattacharjee, learned Sr. Counsel to assist this Court. Mr. Bhattacharjee, learned Sr. Counsel, graciously accepted the request and rendered his valuable assistance by highlighting the consequence of the amendment in respect of Sec. 127 Cr.P.C.

(3.) By this criminal petition, filed under Sec. 482 Crimial P.C., the petitioner, who is the husband of the opposite party, has challenged the correctness and legality of the order, dated 05.06.2014, passed by the learned Sessions Judge, Morigaon, in Criminal Petition No. 74/2013, whereby the learned Sessions Judge, while dismissing the revision, filed by the petitioner, upheld the order, dated 15.11.2013, passed by the learned SDJM (S), Morigaon, thereby allowing enhancement of the maintenance allowance from 2000.00 per month to 5000.00 per month in favour of the opposite party wife and their child.