SARVESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482 of Cr. P. C. to quash the order dated 17-5-2007 passed by Principal Judge, Family Court, Moradabad in Misc. Case No. 82 of 2007, Sarvesh Kumar v. Smt. Kamini Singh, under Section 127 Cr. P. C.

(2.) I have heard learned Counsel for the applicant and the AGA for the State. Since the point involved in this application is a legal point regarding interpretation of Section 127 Cr. P. C. I am deciding this application under Section 482 Cr. P. C. at the admission stage on merit.

(3.) I have heard learned Counsel for the applicant as well as learned AGA. Section 127 of the Cr. P. C. runs as under: "127. Alteration in allowance.- (1) On proof of a change in the circumstances of any person, receiving, under Section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration in the allowance as he thinks fit : Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded. (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under Section 125 should be cancelled or varied, he shall cancel the order or, as the case may be vary the same accordingly. (3) Where any order has been made under Section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that - (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order - (i) in the case where such sum was paid before such order, from the date on which such order was made, (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) The woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under Section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance in pursuance of the said order. "