High Court · 2025

Mr. Jayvar dhan Kandpal, Advocat e for t he r espondent . Magist r at e,

2. Applicant is aggrieved by j udgm ent & order dat ed 05.03.2008 passed by lear ned Judicial proceedings under Sect ion 125 Cr.P.C. He j udgm ent dat ed has also challenged 01.09.2016 passed by learned Sessions Judge, Rudrapray ag in Revision, wher eby his Revision Pet it ion was dism issed. Rudrapray ag t he legally wedded wife of

3. Respondent claim ed m aint enance fr om filing an applicat ion under applicant by Sect ion 125 Cr.P.C. on 25.04.2005, alleging t hat she t he applicant and she does not have any sour ce incom e. Learned Judicial Magist rat e allowed t he said applicat ion vide or der dat ed 05.03.2008 and direct ed t he applicant t o pay ₹1,000/- per m ont h as m aint enance t o t he t he year 2015, I n respondent m oved an applicat ion under Sect ion 127 Cr.P.C. t he am ount payable as m aint enance. The said applicat ion was allowed by lear ned Judicial Magist rat e, Rudraprayag vide or der dat ed 24.08.2015 and t he am ount payable as m aintenance was increased to ₹5,000/- per m ont h. for enhancing respondent .

4. Per usal of t he order dat ed 24.08.2015 reveals t hat earlier also, vide or der dat ed 24.09.2010, t he am ount of m aint enance was increased from ₹1,000/- to ₹2,000/- . t he or der dat ed Applicant 24.08.2015 in a Revision Pet it ion filed under Sect ion 397 Cr .P.C. The said Revision was challenged approached dism issed by learned Sessions Judge, Rudrapr ayag j udgm ent v ide dat ed 01.09.2016. feeling aggriev ed, Thus, applicant t his Court t he order s dat ed 24.08.2015 challenging and 05.03.2008 passed by lear ned Judicial Magist rat e, Rudr aprayag. He has also challenged t he j udgm ent dat ed 01.09.2016 rendered by Judge, Rudrapr ayag. learned Sessions Hear d lear ned counsel t he 5. respondent and perused t he record. Sect ion 127 Cr.P.C. enables t he Magist rat e t o alt er t he am ount pay able as m aint enance, on proof of a change in t he cir cum st ances of any per son, r eceiving m aint enance under Sect ion 125 Cr .P.C. Sect ion 127 Cr.P.C. is reproduced below for ready refer ence: “ 1 2 7 . A l t e r a t i o n i n a l l o w a n ce .- [ ( 1) On proof of a change in t he cir cum st ances of any person, receiv ing, under sect ion 125 a m ont hly allow ance, t he m aint enance or int er im m aint enance, or ordered under t he sam e sect ion t o pay a m ont hly allowance for t he m aint enance, or int er im m aint enance, t o his w ife, child, fat her or m ot her, as t he case m ay be, t he Magist rat e m ay m ake such alt erat ion, as he t hinks fit , in t he allowance for t he m aint enance or t he int erim m aint enance, as t he case m ay be. ] ( 2) Where it appears t o t he Magist rat e t hat , in consequence of any decision of a com pet ent Civ il Court , any order m ade under sect ion 125 should be cancelled or varied, he shall cancel t he order or, as t he case m ay be, v ary t he sam e accordingly . ( 3) Where any order has been m ade under sect ion 125 in favour of a wom an who has been divor ced by, or has obt ained a divor ce from , her husband, t he Magist rat e shall, if he is sat isfied t hat - ( a) t he wom an has, aft er t he dat e of such divorce, rem arr ied, cancel such order as fr om t he dat e of her re- m arriage; ( b) t he w om an has been divorced by her husband and t hat she has received, whet her before or aft er t he dat e of t he said order, t he whole of t he sum which, under any cust om ary or personal law applicable t o t he part ies, w as payable on such divor ce, cancel such order - ( i) in t he case where such sum was paid before such order, from t he dat e on which such order was m ade; ( ii) in any ot her case, from t he dat e of expiry of t he period, if any, for which m aint enance has been act ually paid by t he husband t o t he wom an; ( c) t he wom an has obt ained a divor ce from her husband and t hat she had volunt ar ily surrendered her r ight s t o [ m aint enance or int er im m aint enance as t he case m ay be, ] aft er her div orce, cancel t he order from t he dat e t her eof. ( 4) At t he t im e of m ak ing any decree for t he recovery of any m aint enance or dowr y by any person, t o whom [ m ont hly allowance for t he m aint enance and int er im m aint enance or any of t hem has been ordered] t o be paid under Sect ion 125, t he Civ il Court shall t ake int o account t hat sum which has been paid t o, or recovered by such person [ as m ont hly allowance for t he m aint enance and int er im m aint enance or any of t hem , as t he case m ay be, in pursuance of] t he said order.” I n her applicat ion filed under Sect ion 6. respondent had cont ended 127 Cr.P.C., t hat , aft er passing of last order , t he wher eby m aint enance payable t o her was enhanced from ₹1,000/- to ₹2,000/- , t he salary of incr eased t he applicant has subst ant ially and, as per t he Pay Cert ificat e issued by Deput y Educat ion Officer, Jakholi, r eceiving applicant Rudrapr ayag, ₹55,816/ - as m ont hly salary; applicant has re- m arried and his wife, who is also serving as Teacher, is get t ing m ont hly salary of ₹50,000/ - and it is becom ing v ery difficult for her t o m aint ain her self on a m eagr e m aint enance amount of ₹2,000/- a m ont h. Respondent t hat m aint enance amount may be enhanced to ₹25,000/- a Learned Magist rat e, howev er, m ont h. enhanced the maintenance from ₹2,000/- t o ₹5,000/ - . prayed for anyone is not possible

7. Per usal of t he im pugned order s passed by lear ned Magist rat e rev eals t hat he has consider ed & discussed all relevant aspect s. Lear ned Magist rat e has held t hat t her e is subst ant ial change in t he cir cum st ances and t o sust ain her self for a m eagre m aint enance am ount of ₹2,000/ - , in view of inflat ionary t rend in t he econom y. Thus, t he view t aken by t he fault ed. learned Magist rat e, cannot be Lear ned Revisional Court was t hus j ust ified in dism issing t he Revision Pet it ion. Thus, t o t his Court does not int erfere wit h t he im pugned orders. find any r eason Accordingly, t he writ pet it ion fails and

8. is dism issed. ( M a n o j K u m a r Ti w a r i , J.)

12.02.2025 Arpan