LAWS(BOM)-2016-1-188

AKBAR HUSSAIN KHAN Vs. SAIRA AKBAR KHAN

Decided On January 28, 2016
Akbar Hussain Khan Appellant
V/S
Saira Akbar Khan Respondents

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) This writ petition challenges two judgments and orders, one dated 30/5/2015 and the other dated 23/2/201 Both these judgments and orders have been delivered in Criminal Revision applications filed against the orders impugned therein. Now, on instructions, learned counsel for the petitioner has restricted her challenge in this writ petition to the judgment and order dated 30/5/2015 passed in Criminal Revision application no.127/2013 by the Addl. Sessions Judge-I, South Goa, Margao.

(3.) After grant of maintenance to the respondent at the rate of Rs.3000/- per month by Court of Judicial Magistrate First Class, Margao, the petitioner raised a challenge and pleaded for modification of the order of maintenance by filing another application under section 127 Cr.P.C. on the ground that there was a change in the circumstances. This application was rejected by the learned Magistrate by his order dated 8/10/201 The matter was carried to the Court of Addl. Sessions Judge by invoking revisional jurisdiction under section 397 Cr.P.C and thus the Criminal Revision Application no. 127/2013 came to be filed. After hearing both sides, the learned Addl. Sessions Judge found that there was no illegality nor any impropriety committed by the learned Magistrate while allowing the application under section 127 (1).