Madhumati Mitra, J. - (1.)This is an application under Sec. 401 read with Sec. 482 of the Code of Criminal Procedure 1973 filed by the petitioner challenging the impugned judgment and order dated 25th Oct., 2017 passed by the Learned Additional Sessions Judge, Fast Track 1st Court, Diamond Harbour in Criminal Motion no. 70 of 2016 (CIS No.11/7). By the impugned judgment and order, Learned Additional Sessions Judge was pleased to allow the Criminal Motion No.70 of 2016 in part and modified the judgment and order dated 20.06.2016 passed by the Additional Chief Judicial Magistrate, Diamond Harbour in Misc.Case No.417/09 directing the present petitioner who was the opposite party of Misc.Case No.417/09 to pay the arrear maintenance in 15 (fifteen) consecutive equal instalments.
(2.)Present opposite party filed an application under Sec. 125 Crimial P.C. claiming maintenance for self and her minor children. Admittedly the present opposite party is the legally married wife of the petitioner. It is also an admitted fact that the present petitioner who was the opposite party of the application under Sec. 125 Crimial P.C. works for gains at Oman.
(3.)Learned Magistrate in his order dated 20.06.2016 directed the present petitioner husband to pay maintenance at the rate of Rs.4,000.00 (Rupees Four Thousand Only) per month to the wife i.e present opposite party and at the rate of Rs.2,000.00 (Rupees Two Thousand Only) each towards the maintenance of the minor children since the date of filing of the application under Sec. 125 Crimial P.C. i.e. on and from 31.08.2009. Petitioner husband was also directed by the learned Magistrate to pay the arrear maintenance in 5(five) equal instalments.