21.9.2026 02. BD CRR 2178 of 2025 Krishna Gopal Mondal Vs. Keka Mondal Mr. Amal Banerjee Ms. Suveni Banerjee …for the petitioner Mr. Prosenjit Mukherjee Mr. SAmrat Banerjee Ms. Babita Pramanik …for the Opposite party Petitioner is aggrieved with the order dated 31st December, 2024 passed by learned Additional Chief Judicial Magistrate, Rampurhat in Misc. Case No. 288 of 2023. By the impugned order, learned court below has enhanced the maintenance amount from Rs. 5,000/- per month to Rs. 7,000/- per month on the basis of an application filed by the opposite party herein under section 127 of the Cr.P.C. Being aggrieved by the aforesaid order, learned counsel for the petitioner submits that the petitioner is a senior citizen and suffering from different ailments. The petitioner has all along paid Rs. 5,000/- per month towards maintenance to the opposite party. He further submits that the petitioner after commutation is getting pension around Rs. 11,000/- per month. Therefore, the enhanced amount 2 appears to be excessive and not in conformity with the income of the petitioner. In his supplementary affidavit the petitioner has also filed a pay slip from the period 01.09.2025 to 31.7.2026, which discloses that after commutation the petitioner is getting pension of Rs. 10,850/-. Learned counsel appearing on behalf of the opposite party/wife opposed such prayer. He submits that the petitioner’s prayer for decreasing of the maintenance amount has been turned down by the trial court. He further submits that since petitioner’s prayer under section 127 of the Cr.P.C. has been turned down by the Trial Court, therefore, unless petitioner challenges that order of rejection he cannot get any relief from this High Court in the instant Application. I have also perused the copy of pay slip of the petitioner for the period from 01.09.2025 to 31.7.2026, which discloses that petitioner’s monthly pension amount after commutation is Rs. 10,850/-. Having considered the submissions made on behalf of both the parties, and also on perusal of the materials available on record, the instant application being CRR 2178 of 2025 is hereby disposed of with a direction upon the petitioner to pay monthly maintenance amount of Rs. 6,000/- per month with effect from the date of filing of the maintenance case. The petitioner shall also pay the arrear 3 amount of maintenance amount as will be directed by the Trial Court. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)