Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. Appellants herein are aggrieved by and dissatisfied with a judgment and order dated 23rd July 2007 passed by a learned Single Judge of the Calcutta High Court whereby and whereunder the order dated 15th February 2006 passed by the Judicial Magistrate, 2nd Court, Berhampore, in Execution Case No.186 of 2005 for execution of an order passed under Section 125 of the Code of Criminal Procedure (for short, `the Code) was upheld.

3. The relationship between the parties is not in dispute. The 1st respondent is the wife of the appellant herein. They have three children. 1st respondent herein filed an application in the year 1984 for grant of maintenance in terms of Section 125 of the Code not only on her own behalf but also on behalf of her two minor daughters, viz., Bandhu Priya Paul and Bandhu Priti Paul as also her minor son, viz., Bandhu Prakash Paul from February 1983. Pursuant thereto or in furtherance thereof an order was passed in her favour by a learned Magistrate on 24th August 1987 directing payment of maintenance @ Rs.500/- per month in favour of 1st respondent and @ Rs.125/- per month for the three minor children.

An application for enhancement of the said amounts of maintenance was filed which was registered as Misc. Case No.6 of 1993. The learned Chief Judicial Magistrate, by a judgment and order dated 13th July 1994, directed enhancement of maintenance in respect of the said minor children @ Rs.450/- per month from February 1993. A criminal revision case thereagainst filed by the appellant was dismissed by the learned Sessions Judge by an order dated 18th February 1997. The said order was challenged by the appellant before the High Court and the High Court dismissed the application being C.R.R.No.1852 of 1997 filed by the appellant by an order dated 12th March 2004 stating :

"13. I find, therefore, that there is no reason whatsoever to interfere with the impugned order of the learned Additional Sessions Judge, Murshidabad dated 18.2.1997 in Criminal Motion No.285/94 and the same is affirmed. This revisional application has no merits and is, therefore, dismissed."

4. In the meantime, in the year 1998, an application for execution of the order dated 13th July 1994 was filed in the court of Chief Judicial Magistrate, Murshidabad praying for maintenance for the period May 1997 and April 1998. The said application was dismissed opining that one of the objections taken therein was that all the children had attained majority. The relevant portion of the said order dated 09th June 1999 runs as under :

"It appears that this execution case is filed for the maintenance allowance of three children of the Petitioner and for the period from May 1997 to April 1998 in execution of the order passed in their favour on 13.7.1994. It appears that the children are 1) minor Bandhu Priya Pal, 2) minor Bandu Priti Pal and 3) minor Bandhu Prokash Pal.

Now it appears from the certified copy of the petition for maintenance dated 31.8.1984, that the then age of the claimant Bandhu Priya Pal was 8 years and of the other two was 5 years being the twin of their parents. Therefore in 1997 all of them were in the age of 18 or more than 18 years. Hence, as per the order in execution and the provision of law on this point the claimants are not entitled to maintenance after attaining the age of majority i.e. 18 years and, therefore, the objection sustained and the instant case stands dismissed."

5. However, despite the same, the 1st respondent filed another Execution Case bearing No.186 of 2005 before the learned Judicial Magistrate Second Court, Berhampore claiming maintenance @ Rs.450/- per month on and from February 1993 to May 2004. By reason of an order dated 15th February 2006, the learned Magistrate Second Court, Berhampore, directed as under :

"Now, in the present case, the Petitioner has filed an affidavit dated 6.5.05, wherein she admitted that her son Bandhu Prakash Pal has become major on 11.5.97