Arunabha Barua, J. - (1.) This is an application under section 401 read with section 482 of the Code of Criminal Procedure whereby the petitioner-husband, Amarendra Kumar Pal is up against his wife Smt. Maya Pal, being aggrieved by judgment and order dated 18.2.97 passed in Criminal Motion No. 285 of 1994 by the learned Additional Sessions Judge, Murshidabad at Berhampur.
(2.) By that order dated 18.2.97 the learned Additional Sessions Judge had dismissed a criminal motion made by the husband and affirmed an order dated 13.7.94 passed in Misc. Case No. 6 of 1993 by the Chief Judicial Magistrate, Murshidabad, which directed the petitioner-husband to pay a monthly maintenance allowance of Rs. 450/- to each of the three children with effect from February, 1993. This order of the learned Chief Judicial Magistrate was dated 13.7.94 though the learned Magistrate ordered payment of maintenance from a date prior to that is from February, 1993.
(3.) The revisional applicant-husband in the instant revisional application is aggrieved and dissatisfied with the said impugned order of the learned Additional Sessions Judge, Murshidabad, affirming the judgment and order dated July 13, 1994 passed by the Chief Judicial Magistrate, Murshidabad for the following reasons : (a) That the order of the learned Chief Judicial Magistrate was ex parte and he was denied of an opportunity of hearing. (b) That the learned Magistrate was not justified in holding that he was wilfully avoiding service of summons or that he wilfully neglect to attend the Court at the date of hearing. (c) That the determination of the quantum of enhancement of allowance to the tune of Rs. 450/- per month for each of the three children was excessive and bad in law. (d) That the learned Magistrate could not make the order of maintenance to have been effected from a date prior to his date of order that is from February, 1993.;