JUDGMENT

Bibek Chaudhuri, J. - The petitioner is the opposite party/husband in Case No.ACM 42 of 2007 under Section 125 of the Code of Criminal Procedure. ACM 42 of 2007 was finally disposed of vide judgment dated 3rd September, 2021 by the learned Additional Chief Judicial Magistrate Alipore, South 24 Parganas directing the petitioner/husband to pay maintenance allowance at the rate of Rs.30,000/- per month in favour of the opposite party/wife and Rs.20,000/- per month to her minor child, total being Rs.50,000/-per month along with one time litigation cost at the rate of Rs.30,000/-per month.

2. It is contended on behalf of the petitioner that the opposite party has exercised beneficial legislation under Section 125 of the Cr.P.C in securing benefits for herself to which she is otherwise not entitled to in accordance with law. It is contended by the petitioner that the opposite party/wife is a practicing Advocate and she has her independent source of income. Therefore, she is not entitled to get any maintenance allowance from the opposite party. It is further contended by the petitioner that the learned Magistrate in his impugned judgment clearly held that trial of the maintenance