A major daughter is entitled to maintenance from her father under Section 125 of the CrPC till her marriage, as per Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956.

1. THE instant application invoking the inherent power of this Court under Section 482 of the Code of Criminal Procedure has been filed by the petitioner herein Shri Krishna Kanta Bhattacharya for setting aside the judgment and order dated 21st August, 2008 passed in Misc. Case no. 325 of 2005 by the learned Chief Judicial Magistrate, Howrah by reason whereof he partly accepted the application dated 2. 9. 2005 filed by the opposite Party No. 1/wife, Smt. Shyamali Bhattacharya under Section 127 of the Code of Criminal Procedure for enhancement of maintenance allowance awarded to her and her daughter Anusuya Bhattacharya earlier vide order dated. 30. 9. 1995 in Misc. Case No. 111 of 1993 and enhanced the amount of maintenance to be paid to the Opposite Party No. 1 herein and her unmarried daughter from Rs. 400/- each per month to Rs. 1,000/-each per month from the date of his order.

2. EVEN though -the learned Counsel for the petitioner and the learned Counsel for the Opposite Party No. 21 State of West Bengal have not cared to put in appearance before this Court inspite of order dated 23. 3. 2009 passed by this Court, I have heard the arguments of the learned Counsel appearing on behalf of the Opposite Party No. 1/wife and have also gone through the materials-on-record including the impugned judgment and order. The facts giving rise to this application are as follows:-The Opposite Party No. 1/wife filed an application under Section 127 of the Code of Criminal Procedure in the Court of learned Chief judicial Magistrate, Howrah on 2. 9. 2005 stating that vide order dated. 30. 9. 1995 passed in Misc. Case No. 111 of 1993 she was awarded rs. 800/- per month as maintenance and out of Rs, 800/-, Rs. 400/-were to be paid to her by the petitioner, who is her husband and rs. 400/- per month were to be paid to Anusuya by the petitioner, who is her minor daughter.

3. AGGRIEVED by the order dated 30. 9. 1995 passed in Misc. Case no. 111 of 1993, the present petitioner preferred a revision being No. 414 of 1996 before this Court which was ultimately dismissed on 19. 2. 2002 on the prayer of the petitioner herein.

4. THE Opposite Party No. 1 herein filed an application on 2. 9. 2005 under Section 127 of the Code of Criminal Procedure before the learned chief Judicial Magistrate, Howrah stating that the maintenance amount of rs. 800/- at the rate of Rs. 400/- each awarded to her and her daughter in the year 1995 that is about 10 years ago was not sufficient to cope up with the spiraling market price and it was prayed that the same may be increased from Rs. 400/- each to Rs. 1,500/- each. The main ground appended in the application that the learned magistrate has wrongly taken into consideration the income of the petitioner/ husband which possibly could not have been done under Section 127 of the code of Criminal Procedure and therefore, the impugned order be set aside.

5. LEARNED Counsel appearing for the Opposite Party No. 1/wife placing strong reliance in the cases of Chhotu Singh and Anr. v. Smt. Ramdini, reported in 2002 Cri. LJ 3499, Subbayal v. Muthuswamy, reported in 1986 cri. LJ 692, Chaturbhuj v. Sita Bai, reported in 2008 (1) JCC 486 and Vinod kr. Lodha v. Mrs. Reena Lodha (Nee Jain) reported in 2009 (1) C Cr LR (Cal) 473 contended that since the learned Magistrate by well considered order held against the opposite party No. 1, the opposite party No. 1 cannot invoke the jurisdiction of this Court under Section 482 of the Code of criminal Procedure and raises the same contention before this Court and seek for setting aside the order when no irregularity is committed by the learned trial Magistrate.

6. IN the trial Court, the Opposite Party No. 1/wife examined herself as P. W. 1 and her unmarried daughter Anusuya was also examined as p. W. 2 and in rebuttal the present petitioner examined himself and four more witnesses. The learned trial Court on the basis of the materials-on-record and after hearing the learned Counsel of t