KRISHNA KUMAR DHURI Vs. SANTOSHI BAI

JUDGEMENT

(1.) This order shall govern disposal of above mentioned both the revisions as common questions of facts and law are involved and shall stand disposed of by this common order.

(2.) That, non-applicant Santoshi Dhuri is the wife of applicant-Krishna Kumar Dhuri. In an application filed for maintenance under Section 125 CrPC, on the basis of compromise entered into between the parties, the Family Court, by order dated 29.03.2007, granted Rs. 1000/- per month as maintenance allowance to the wife/non-applicant. The said amount was enhanced from Rs. 1000/- to Rs. 1500/- in exercise of power under Section 127, Cr.P.C. by order dated 29.09.2010. Thereafter, the present applicant-Husband filed an application under Section 127, Cr.P.C. for setting aside the order of maintenance on the ground that non-applicant has refused to accept sixteen cheques sent to her against the amount of maintenance for a period commencing from 21.09.2008 to 01.12.2010 amounting to Rs. 19,500/-, and claimed the said refusal to accept the cheque against the maintenance granted to her amounts to "change in circumstances" within the meaning of sub-section (1) of Section 127, Cr.P.C, and as such, order granting maintenance to the wife/non-applicant on 29.03.2007 be set aside.

(3.) The said application was opposed by the wife/non-applicant stating inter alia that the applicant has failed to demonstrate "change in circumstances" within the meaning of sub-section (1) of Section 127 of die Code of Criminal Procedure, therefore the application so filed by the applicant/Husband deserves to be rejected.