JUDGMENT :

Ajay Kumar Gupta, J:

1. This revisional application has been filed by the petitioner/husband under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the correctness, legality and propriety of an order dated 9th June, 2020 passed by the learned Magistrate, 5th Court at Serampore in Misc. Case No. 1 of 2020 thereby the learned Magistrate rejected the petitioner’s prayer for reducing the quantum of maintenance allowed earlier by the learned Magistrate in Misc. Case No. 3 of 2017, on the ground that the petitioner/husband’s income has been reduced after his superannuation from service.

FACTUAL MATRIX:

2. The brief fact of the instant case is that earlier an application under Section 125 of the Cr.PC had been filed by opposite party no. 2/wife seeking for maintenance being Maintenance Case No. 198 of 2013. The Ld. Magistrate, after hearing the parties, passed an order of maintenance to the tune of Rs. 18,000/-per month against the petitioner but petitioner did not prefer any appeal or revision against the said order and accept the said order by paying the maintenance in time to his wife.

3. The opposite party no. 2/wife further filed an applicat