Jay Sengupta, J. - (1.) This is an application challenging the insufficiency of an enhanced sum of monthly maintenance of Rs. 7500/- awarded under Section 127 of the Code of Criminal Procedure on 08.11.2017 by the Learned Judicial Magistrate, 1st Court, Rampurhat, Birbhum in Miscellaneous Case No. 11 of 2016.
(2.) The Learned Advocate appearing on behalf of the petitioner/wife filed an affidavit of service, showing service of notice upon the State as also upon the opposite party no. 1/husband. The same was kept on record. Despite service, no one appeared on behalf of the opposite no. 1. Therefore, the matter was taken up for ex parte hearing.
(3.) The Learned Advocate for the petitioner submitted that the couple got married in 1993, but some time later the opposite party no. 1 developed an illicit relationship with another lady. When the petitioner protested, she was tortured mentally and physically by the husband. In 1995 after the wife came to her maternal home on a visit, the husband refused to take her back. He submitted that being unable to maintain herself, the petitioner filed on application for maintenance under Section 125 against her husband being Miscellaneous Case No. 372/96. On 10.05.2000, the Learned Judicial Magistrate, 1st Court, Rampurhat, Birbhum granted a monthly maintenance allowance Rs. 1500/- in favour of the petitioner. Subsequently, upon the petitioner's prayer for enhancement under Section 127 of the Code, on 27.03.2012, the Learned Judicial Magistrate, 1st Court, Rampurhat, Birbhum was pleased to enhance the sum to Rs. 5000/- per month, with effect from the date of order, in Miscellaneous Case No. 18/10. The Learned Advocate submitted that subsequently, because of the increase in the cost of living, the petitioner again filed an application for enhancement of monthly maintenance under Section 127 of the Code, which led to the passing of the impugned order.;