DIPAK SAHA RAY,J. - (1.) THE present case arises out of an application Under Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceeding of M. Case No. 1 of 2007 filed Under Section 127 of the Code of Criminal Procedure which is pending before the Learned Judicial Magistrate Bidhan Nagar, North 24 Parganas.
(2.) THE relevant facts of the present case are, in a nutshell, as follows: The Opposite Party herein as petitioner filed an application under Section 125 of the Code of Criminal Procedure against her husband for maintenance. The said application was registered as M. Case No. 1 of 2005. In the said case the petitioner alleged inter alia that she was legally married wife of the Opposite Party (Petitioner herein) and in their said wed lock a son was born. Subsequently their son became psychological patient and accordingly a maid servant named Putul Biswas was appointed to do the house hold work and to look after their illing son. But subsequently, Opposite Party/Husband developed intimate relation with the said maid servant. Repeated requests regarding termination of the said maid servant made by the petitioner yielded no result. Ultimately the Opposite Party/Husband deserted the petitioner and started living with the said maid servant Putul Biswas at Golf Green. It has been further stated in the said maintenance case that the Opposite Party/Husband was working as Additional Chief Engineer and that while he was posted as Additional Chief Engineer, he earned Rs. 35,000.00 per month. As against this, the Opposite Party contested the said case by filing written objection wherein the material allegations made in the application for maintenance had been denied. It is the specific case of the Opposite Party/Husband that the petitioner/wife earned Rs. 1000.00 per month being an agent of Amway. It is also the case of the Opposite Parity/Husband that his income was Rs. 14,164.00 per month; out of which he used to pay Rs. 1,500.00 towards maintenance of his wife; Rs. 5000.00 per month towards medical treatment of his son; Rs. 3000.00 per month for the purpose of educational costs of his son; Rs. 1091.00 for maintenance of the flat enjoyed by the petitioner wife; Rs. 2000.00 as a cost for accommodation for himself and his ailing son; Rs. 600.00 per month as the electric charges of the flat enjoyed by the petitioner. In view of such circumstances, according to the Opposite Party/Husband, the Opposite Party is not in a position to spent any further amount. Accordingly dismissal of the application for maintenance had been prayed for.
(3.) THE learned Magistrate after considering the facts and circumstances and evidence of the parties and the materials on record and also considering the status of the parties, allowed maintenance of Rs.4,300.00 per month in favour of the Petitioner/Wife. Being aggrieved by the said order of maintenance, the husband/Opposite Party (petitioner herein) preferred revisional application before the High Court at Calcutta which was registered as C.R.R No. 75 of 2006. Subsequently, after hearing both sides, on 12.10.2007 this Court modified the order of the learned Magistrate dated 28.10.2005 by reducing the amount of maintenance from Rs. 4,300.00 per month to Rs. 3,500.00 per month. Subsequently, the Petitioner/Wife filed an application Under Section 127 of the Code of Criminal Procedure for enhancement of the maintenance which was registered as M. Case No. 1 of 2007. In the said application it has been alleged that at the time of filing application for maintenance Under Section 125 of the Code of Criminal Procedure her Husband/Opposite Party was posted as Assistant Chief Engineer (Electrical), P.W.D., Government of West Bengal. Subsequently, the said Opposite Party promoted to the post of Chief Engineer and accordingly his salary was increased and started drawing Rs. 40,000.00 per month. It is also the contention of the Petitioner/Wife in the said application for enhancement of maintenance that she had no independent source of income and was unable to maintain herself. Accordingly, she prayed for enhancement of maintenance from Rs. 4,300.00 per month to Rs. 10,000.00 per month.;