JAY SENGUPTA,J. - (1.) This is an application challenging an order dated 30.09.2019 passed by the learned Judicial Magistrate, 3rd Court, Bishnupur, in Misc. Case No.90/19, R 88/19 under Section 125 of the Code.
(2.) Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner was employed in the Indian Army. He retired in 2019 and presently draws a monthly pension of about Rs.22,000/- (Rupees Twenty Thousand only) and odd. But, the learned Magistrate directed payment of maintenance allowance under Section 125 of the Code at the rate of Rs.5,000/- (Rupees Five Thousand only) per month for the wife and Rs.4,000/- (Rupees Four Thousand only) each for her two minor children. This far exceeds the Rule of 1/5th to 1/3rd of income to be paid as maintenance allowance. The main application under Section 125 of the Code is still pending.
(3.) Despite service, no one appears on behalf of the private opposite party/wife.;