- (1.) Heard learned Advocates appearing on behalf of the parties. Affidavits exchanged between the parties are taken on record. In this revisional application, the order passed by the learned Principal Judge, Family Court, Calcutta in Misc. Case No.37 of 2011 dated 16th October, 2014 has been assailed before this court. By that impugned order, learned trial court exercising its discretion granted under Section 127 of the Code of Criminal Procedure allowed the application of the petitioner/wife directing the opposite party husband to go on paying Rs.9,000/- per month from 10th of each succeeding month and thereby the maintenance amount worth Rs.2,000/- per month was enhanced in that fashion. It may be noted that in Misc. Case No.126 of 2004, such amount of Rs.2,000/- p.m. was passed as maintenance allowance in 2008 in favour of the wife/petitioner.
(2.) Mr. Sanyal, learned Advocate, appearing on behalf of the petitioner/husband submitted that the status of the petitioner has not been decided as to whether she is a divorced muslim woman to come under the purview of Muslim Women (Protection of Rights on Divorce) Act, 1986 or under the purview of the Code of Criminal Procedure, 1973. He further submitted that Rs.2,000/-p.m. was fixed in the year 2008 and how can they be enhanced to Rs.9,000/- per month in the year 2014.
(3.) On my asking, Mr. Haque, learned Advocate, appearing on behalf of the opposite party frankly submitted that he is not accepting that the wife is a divorced muslim wife unless the Talaknama is proved before the learned trial court. He further submitted that the quantum of maintenance to the tune of Rs.9,000/- per month is very much matching with the income of the petitioner/husband as he is an employee of Bharat Sanchar Nigam Limited (B.S.N.L.) who earns Rs.42,000/- per month and there is no dispute regarding that amount. He took me to page no.5 of the said judgement to show that the opposite party/husband before the learned trial court could not answer as to why he has been drawing Rs.21,000/- per month out of the net salary of Rs.42,000/- .;