BHUWANESHWARI LODH Vs. OMPRAKASH LODH

JUDGEMENT

(1.) This criminal revision has been filed under Sec. 397 read with Sec. 401 of Criminal Procedure Code, 1973 read with Sec. 19(4) of the Family Courts Act, 1984, being aggrieved by the judgment passed by Principal Judge, Family Court, Ratlam (MP) in CR No.02/2024 order dtd. 12/4/2024 whereby the learned Judge has dismissed the application of the applicant on the ground of jurisdiction.

(2.) The brief facts of the case is that the applicant has initially filed an application under Sec. 125 of Criminal Procedure Code, before the Principal Judge, Family Court, Bhopal (MP) seeking maintenance for herself and minor child which was allowed on 29/6/2018 with allowance of Rs.7000.00 and Rs.3000.00 to the applicant and her child respectively. That, the applicant has tried her best to survive with this petty amount of maintenance allowed to her but after facing a lot of hardship, she finally made herself to increase the maintenance and has filed an application under Sec. 127 of Criminal Procedure Code, 1973 (for short 'Cr.PC') before the Principal Judge, Family Court, Ratlam (MP).

(3.) Counsel for the applicant has stated that the application for alteration of maintenance was then dismissed by the learned Principal Judge, Family Court, Ratlam on 12/4/2024 on the ground of jurisdiction by saying that this court cannot alter the order of maintenance as the same can be done by Principal Judge, Family Court, Bhopal, who has passed the order.