C. FAKRUDDIN Vs. RAZIA BEGUM

JUDGEMENT

(1.) THE petitioner, Mr. C. Fakruddin Sab, is aggrieved by the order dated 28/7/2015, passed by the Principal Judge, Family Court, Bellari, whereby the learned Judge has dismissed an application filed by the petitioner under Section 127 of Cr.P.C. for modification of the order dated 26/11/2013 passed in Crl. Mis. No. 14/2013.

(2.) BRIEFLY the facts of the case are that the petitioner, Mr. C. Fakruddin Sab was married to the respondent No. 1, Smt. Razia Begum. During the course of their wedlock, they were blessed with two children. However, subsequently, differences arose between the couple; they parted their ways. Since, Smt. Razia Begum was unable to maintain herself and her two daughters, she filed an application under Section 125 of Cr.P.C. namely, Crl. Misc. No. 92/2002. The learned Court allowed the said application, and directed the petitioner to pay a maintenance of Rs. 1,000/ - to respondent No. 1, and Rs. 800/ - each to two daughters, the respondent Nos. 2 and 3. Subsequently, after a lapse of 11 years, the respondent -wife filed and application for enhancement of the maintenance amount, in the form of Crl. Mis. No. 14/2013. The said application was allowed; the maintenance was enhanced from Rs. 1,000/ - to Rs. 10,000/ - to each respondent payable w.e.f. 26/11/2013.

(3.) SUBSEQUENTLY , on 17/10/2014, the petitioner withdrew his revision petition against the enhancement of order. Thereafter, he filed an application under Section 127 of Cr.P.C. in the form of Crl. M.C. No. 234/2014 praying that the enhancement order should be altered, or the maintenance award should be cancelled. However, by order dated 28/7/2015 the said application has been dismissed. Hence, this petition is before this Court.