- (1.) Leave granted.
(2.) We have heard the counsel for the parties finally at this stage itself, as the issue involved revolves in a narrow campus and the counsel for the parties were ready to argue the matter finally.
(3.) Briefly stated, the appellant is the wife of the respondent who had filed a case under section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') against him for getting maintenance allowance for herself and her two minor children. Maintenance was awarded by the trial court in their favour vide order dated July 29, 2011. After sometime, when the children attained the age of majority, the respondent has filed application under section 127 of Cr.P.C., 1973 for cancellation of the order granting maintenance allowance for the two children of the appellant. In this application, the learned Judicial Magistrate, Third Class, Howrah passed an order dated September 23, 2013 thereby cancelling the maintenance order dated July 29, 2011 passed in favour of the two children of the appellant. While doing so, the Judicial Magistrate further ordered as under: "...However as being the father he is also responsible for the education and upbringing of his sons. Hence, he is directed to make a fixed deposit of Rs. 80,000/- each in the name of his two sons namely Abhijit Majumder and Debojit Majumder i.e. Rs. 1 lakh sixty thousand on the whole immediately towards the education expenses of his sons.";