DAGDUBAI Vs. MOHANRAO S O SAJIRAO SHINDE

JUDGEMENT

(1.) DADGUBAI w/o. Mohanrao Shinde filed an application purporting to be under section 127 of the Code of Criminal Procedure for enhancement of the maintenance which was granted to her in the earlier proceedings i. e. Misc. Application No. 75 of 78 in the Court of Chief Judicial Magistrate, at Latur. The learned Magistrate was pleased to dismiss the said application on the ground that in the earlier proceeding there was only a compromise and unless there is an order of the Court granting maintenance application for variance of the maintenance under section 127 is not maintainable. This order passed by the learned IIIrd Judicial Magistrate, First Class, Latur on 28/12/1987 in Misc. Application No. 410 of 1987 was challenged in the Criminal Revision No. 20 of 1989 which the learned Additional Sessions Judge, Latur was pleased to dismiss on 15/7/1989. This application challenges these orders.

(2.) IN Misc. Application No. 73 of 78, an application for maintenance was filed on 14/8/1978 by Dagdubai. Notice was issued to the respondent by the learned Magistrate on the same day. After the parties appeared, the matter was settled and the settlement terms were filed at Exhibit 13 to the following effect:

(3.) THIS compromise was filed on 29. 3. 1979. It is signed by the applicant, non-applicant and their Advocates. Learned Judicial Magistrate, Latur was pleased to endorse "read, verified and recorded. Order accordingly. " This endorsement is dated 26. 3. 1979. It is, therefore, clear that the learned Judge has taken cognizance of the compromise and ordered that the proceedings are terminated as per the terms of the compromise and has passed an order in terms of settlement.