NAYNABEN VINODBHAI CHHATRIWALA Vs. STATE OF GUJARAT &

JUDGEMENT

(1.) Heard learned advocate Mr. R. M. Parmar for the applicant and learned advocate Mr. Amrish K. Pandya for the respondent No.2 and learned APP Mr. Manan Mehta for the respondent No.1 - being a formal party.

(2.) The applicant herein is wife of respondent No.2. She has challenged order dated 7.10.2017 by Family Court No.2, Vadodara in Criminal Misc. Applications No.187 of 2014 and 341 of 2014. Criminal Misc. Application No.187 of 2014 was preferred by the present applicant - wife u/s.127 of the Criminal Procedure Code , 1973 ('Code', for short) to enhance the amount of maintenance awarded to her pursuant to order dated 12.12.2007 in Criminal Misc.Application No.67 of 2006, whereby respondent No.2 was directed to pay an amount of Rs.5,000/- towards her maintenance. Whereas, in Criminal Misc. Application No.341 of 2014, respondent No.2 - husband has prayed the court under the same provision i.e. S.127 of the Code to modify or to cancel the order of maintenance.

(3.) Therefore, when both the applications are u/s.127 of the Code , it would be appropriate to appreciate the provision of such section. The bare reading of section makes it clear that on proof of change in circumstances of any person, the Magistrate may make such alteration as he thinks fit in the allowances for the maintenance or interim maintenance, as the case may be. Therefore, though there is jurisdiction and ample power vested with the Magistrate, so also Family Court to alter or modify the order of maintenance, the fact remains that it is to be done based upon the available facts and evidence on record and not otherwise.