- (1.) This revisional application has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure by the petitioner Soma Chatterjee against the State of West Bengal and Ashish Chatterjee as opposite party nos. 1 and 2 respectively. Challenging the judgment and order dated 29.4.2014 passed by learned Additional District and Sessions Judge, Bolpur, Birbhum in connection with Criminal Motion No. 10 of 2013 arising out of Misc. Case No. 19 of 2006 under Section 125 of the Code of Criminal Procedure of the Court of learned Additional Chief Judicial Magistrate, Bolpur, Birbhum. Contending inter alia, the petitioner has alleged that she is the married wife of opposite party no. 2. She filed one application under Section 125 of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum claiming maintenance allowance for herself and her minor daughter. Said case was allowed by the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum granting maintenance allowance of Rs.1,000/- per month for the petitioner and a further sum of Rs.800/- per month for the minor daughter of the petitioner against the opposite party no. 2 with effect from the date of filing of the application under Section 125 of the Code of Criminal Procedure. Said judgment and order was challenged by the opposite party no. 2 before the learned Additional District and Sessions Judge, Bolpur, Birbhum filing Criminal Motion No. 10 of 2013. In the impugned judgment learned Additional District and Sessions Judge, Bolpur, Birbhum has modified the order of maintenance allowance passed by learned Additional Chief Judicial Magistrate, Bolpur, Birbhum only for giving effect to the maintenance allowance of the petitioner (not her minor daughter) from the date of passing of the order instead of the date of filing of the application under Section 125 of the Code of Criminal Procedure. Petitioner has prayed for setting aside the judgment passed by learned Additional District and Sessions Judge, Bolpur, Birbhum in Criminal Motion No. 10 of 2013 and for upholding the order of maintenance allowance passed by learned Additional Chief Judicial Magistrate, Bolpur, Birbhum in Misc. Case No. 19 of 2006.
(2.) In this case despite service of notice the opposite parties did not appear to contest. At the time of hearing learned Advocate for the petitioner has submitted that in the impugned judgment learned Additional District and Sessions Judge, Bolpur, Birbhum has been pleased to observe that no special reason has been assigned by the learned Trial Court to award maintenance allowance to Smt. Soma Chatterjee (petitioner herein) from the date of filing of the case. That revisional Court held that the minor child of the petitioner would get maintenance allowance from the date of filing of the case but the present petitioner would get it from the date of order.
(3.) On going through the judgment it appears to me that the learned Additional District and Sessions Judge, Bolpur, Birbhum concurred with the findings made by leaned Additional Chief Judicial Magistrate, Bolpur, Birbhum almost in all respect but only because the learned Magistrate did not assign any special reason of awarding maintenance allowance from the date of filing of the case, the order was modified for payment of maintenance allowance in respect of petitioner from the date of order instead of the date of filing of the application although the minor child of the petitioner would get maintenance allowance from the date of filing of the application from the opposite party no. 2.;