ASHIM KUMAR ROY, J. - (1.) THIS matter when was taken up for hearing once before and then after recess, none appeared on behalf of the petitioner, the same was taken up for consideration on merit and made CAV.
(2.) THE subject matter of challenge in this criminal revisional application is an order passed in connection with a proceeding under section 125 CrPC, whereby the learned Judicial Magistrate, 3rd Court, Alipore directed the petitioner to pay maintenance to the wife/opposite party at the rate of Rs. 1000/ - per month for herself and Rs. 500/ - for her minor daughter. Thereafter, the wife/opposite party due to non -payment of maintenance moved the Court for enforcement of such order. The petitioner simultaneously moved another application invoking section 127 CrPC for modification of order of maintenance. The learned Court by an ex parte order altered the parent order passed under section 125 CrPC, since the court found from the materials produced before it by the husband/petitioner that the wife is an Anganwadi worker and drawing a salary of Rs. 2800/ - per month and cancelled the order for maintenance so far as she is concerned. So far as her minor daughter is concerned, the court however enhanced the quantum of maintenance from Rs. 500/ - to Rs. 800/ -. Now in this criminal revisional application the said order of enhancement of maintenance for the minor child is under challenge. Going through the records I find that the order of granting of maintenance and its enhancement has been challenged on the ground that the wife/opposite party is a service holder and on her own left her matrimonial home abandoning the petitioner. If such contention is accepted, the wife/opposite party is certainly will not be entitled to any maintenance. However, the same cannot be a ground for denying the maintenance to the child. Now coming to the quantum of maintenance, even though the wife/opposite party earns but in these hard days that is too meagre and not at all sufficient for bare necessities of life of two including a minor child. The father still liable for maintaining the child. The quantum maintenance granted in favour of the child is commensurate with his income.
(3.) THIS criminal revisional application has no merit and accordingly stands dismissed. Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible. Office is directed to communicate this order to the learned court below.;