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2014 Supreme(Gau) 1019

C.R.SARMA
Anupal Kalita – Appellant
Versus
Shikha Medhi Kalita – Respondent


Advocates:
For the Petitioner: Mr. P. Roy, Mr. I. Alam and Mr. T. S.K.
For the Respondent: Mr. A.K. Bhattacharjee and Mr. D.K. Bhattacharrya.

1. Heard Mr. P. Roy, learned Sr. Counsel, assisted by Mr. I. Alam, learned Counsel, appearing for the petitioner. Mr. Roy, learned Sr. Counsel, has contended that, notwithstanding the amendment brought by the 2001 amendment ( No. 50 of 2001) in respect of Section 127, the Code of Criminal Procedure ( for short, Cr.P.C.) there can't be enhancement of maintenance allowance more than Rs.500/- ( Rupees Five Hundred) at a time.

2. In view of the said law point, raised by the petitioner, regarding ceiling of enhancement of maintenance allowance and in order to arrive at a correct decision, this Court requested Mr. A.K. Bhattacharjee, learned Sr. Counsel to assist this Court. Mr. Bhattacharjee, learned Sr. Counsel, graciously accepted the request and rendered his valuable assistance by highlighting the consequence of the amendment in respect of Section 127 Cr.P.C.

3. By this criminal petition, filed under Section 482 Cr.P.C., the petitioner, who is the husband of the opposite party, has challenged the correctness and legality of the order, dated 05.06.2014, passed by the learned Sessions Judge, Morigaon, in Criminal Petition No.74/2013, whereby the learned Sessions Judge, while dismissing

















































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