ARVIND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD counsel for the petitioner. Notice to respondent No.1/State only. Learned A.P.P. dispenses notice for 2 respondent No.1. Counsel for petitioner and A.P.P. heard finally.

(2.) IN this matter, the wife was approved maintenance of Rs.500/ - per month and the daughter was approved maintenance of Rs.250/ - per month in Misc. Criminal Case No.25/2001. Respondent Nos.2 and 3 later filed M.C.A. No.29/2010 and for them maintenance was enhanced to Rs.750/ - and Rs.500/ - per month respectively. The petitioner - husband had filed Misc. Application No.62/2009 under Section 127 of the Criminal Procedure Code, 1975 (Cr.P.C. for short), claiming that there was change of circumstance as the wife had started working as Anganwadi Sevika. He claimed that, the wife was getting Rs. 1500/ - per month and so, the maintenance approved should be cancelled. The Judicial Magistrate, First Class, Kinwat, by judgment and order dated 22.2.2013, rejected the application after hearing the parties. The Magistrate found that the working by wife as Anganwadi Sevika does not constitute change in circumstance. He found that, the father was bound to maintain the minor daughter. The trial Court found that, the job was not as a permanent employee and that the wife was working as Anganwadi Worker on the basis of work and remuneration.

(3.) LEARNED counsel for the petitioner submitted that under Section 127 there is definitely change of circumstance and so the maintenance in favour of respondents should have been cancelled. Learned counsel is referring to recently issued certificate regarding employment of the respondent - wife to say that the wife is getting Rs.4150/ - per month. This document was not before subordinate Courts and has not been proved.