Judgment :- (1) Heard Mr. Jayanta Mitra, learned advocate appearing on behalf of the petitioner. Perused the impugned order. In spite of repeated calls, none appears on behalf of the opposite parties. Affidavit of service showing that service has been effected upon the opposite parties be kept with the record. (2) It is the case of the petitioner in connection with a proceeding under Section 125 of the Code of Criminal Procedure, the learned court below by its order dated 16th of April, 1996 awarded a sum of Rs. 300/- per month for the wife and a sum of Rs. 200/-for the daughter as their maintenance. Subsequently, the petitioner moved an application under Section 127 of the Code of Criminal Procedure when the learned court below enhanced the amount of maintenance to Rs. 500/- per month for the wife and Rs. 250/-for the daughter. Thereafter, again another application was moved for further enhancement and by order dated January 20, 2005, the amount of maintenance has been enhanced to Rs. 800/- per month for both the wife and the daughter. The petitioner being aggrieved by such order moved the instant criminal revisional application. (3) Mr. Mitra, learned advocate appearing on behalf of the petitioner vehemently urged before this court that the opposite party/husband is a Headmaster of a School and draws my attention to the specific findings of the court that his gross salary is Rs. 14,968/- and after the statutory deduction he receives Rs. 13,360/-and, accordingly, he submitted the amount of maintenance must be more than what has been granted by the Court below. (4) Now, having heard the learned advocate appearing on behalf of the petitioner and considering the materials on record, I find that in the year 2005, the learned Court come to a definite finding that the petitioner was drawing a gross salary of Rs. 14,968/-per month and after statutory deduction he used to receive Rs. 13,360/- per month. Thus, I am of the opinion, the amount of maintenance granted by the learned court below is not at all commensurate with the earning of the husband and, accordingly, I direct that henceforth the husband/petitioner shall pay a sum of Rs. 1700/-each to the petitioner and her daughter as their monthly maintenance from the month of August, 2009 and this order shall take effect from the month of August, 2009.
1700/-each to the petitioner and her daughter as their monthly maintenance from the month of August, 2009 and this order shall take effect from the month of August, 2009. The maintenance for this month must be sent to them within a week from the date of communication of this order and thereafter by seventh of each succeeding month. This criminal revisional application thus, stands, allowed. The Learned Advocate of the petitioner shall have the liberty to communicate the ordering portion to the husband/opposite party and he shall act thereupon. Criminal Section is directed to deliver urgent Photostat certified copy of this Judgment to the parties, if applied for, as early as possible.