GEORGE Vs. EALIYAMMA GEORGE

JUDGEMENT

(1.) This revision petition is at the instance of a husband. He impugns the preliminary order passed by the Family Court, Ernakulam on the question of maintainability of the petition filed by his wife under Section 127 of the Code of criminal Procedure before the court for enhancement of maintenance awarded to her in an earlier proceeding.

(2.) It is on record that maintenance was awarded to the wife at the rate of Rs. 100/- per mensem u/s 125 of the Code by the Chief Judicial Magistrate's Court, Alappuzha, way back in the year 1977. The wife filed the present application in 2001 for enhancement, under Section 127 of the Code before the Family Court, Ernakulam contending that she was not able to maintain herself with the paltry sum awarded to her. She is a heart patient in her late 60's. Her two grown up children are residing separately. Therefore she sought enhancement of the maintenance allowance of Rs. 100/= to Rs. 500/= per month. She specifically averred in the application that she had been residing permanently at Eloor in Ernakuam District within the jurisdiction of Family Court, Ernakuam.

(3.) The revision petitioner/husband raised a preliminary objection contending, inter alia, that the said application could not be entertained by the Family Court. According to him such an application ought to have been filed before the same court which passed the original order under Section 125 of the Code.