BIHARILALA PRADHN Vs. KALYANI

JUDGEMENT

(1.) BY this criminal revision the applicant has impugned the order dated 15.4.2002 passed in Criminal Case No.34/02 whereby learned Judicial Magistrate 1st Class, Mahasamund has allowed the application preferred by the non-applicant under Section 127 of the Code of Criminal Procedure, 1973 (for short 'the Code') and directed the applicant to pay the maintenance @ Rs. 1,000/- per month to the non-applicant from the date of filing of the application.

(2.) LEARNED counsel for the applicant submits that the non-applicant's application for maintenance was allowed and the High Court vide order dated 7.11.1984 passed in Criminal Revision No.25/83 directed the applicant to pay maintenance @ Rs.200/- per month. Her application under Section 127 of the Code was further allowed by the Judicial Magistrate, Mahasamund vide order dated 8.9.1997 passed in Criminal Case No. 106/90 and the applicant was directed to pay maintenance @ Rs.400/- per month. Non-applicant further moved an application under Section 127 of the Code before the Judicial Magistrate on 20.9.2001 for enhancement of the maintenance amount and the same was also allowed by the impugned order and the amount of maintenance was enhanced from Rs.400/- to Rs.1,000/-.

(3.) ON the other hand, learned counsel for the non-applicant argued that Section 127 of the Code makes a provision for alteration in allowance granted as maintenance under Section 125 of the Code due to change in circumstances and the Magistrate considering the change in circumstances can direct the husband to pay maintenance at the enhanced rate, if the wife establishes by adducing evidence about the change in circumstances. In the present case a meager sum of Rs.400/- was awarded in the year 1997 when salary of the applicant was only Rs.3,500/-, however, considering that cost of living had increased since then and the salary of the applicant was also increased to Rs.8,500/-, the amount of maintenance has been increased. On the date of deciding this application the maximum limit of maintenance amount under Section 125 of the Code was increased from Rs. 500/- to Rs.3,000/- and therefore, there was no impediment before learned Magistrate in enhancing the amount of maintenance.