PRAFULLA KUMAR PANDA Vs. AMARI KUMARI PANDA

JUDGEMENT

(1.) Should a contentious issue as to the meaning and purport of the expression "a change in the circumstances" appearing in Section 127 of the Code of Criminal Procedure (in short 'the Code') be decided in this revision filed by the husband against his wife ? The petitioner who is the husband of the opposite party contends that the validity of the impugned order depends upon the meaning of the above expression and adjudication on the point is called for.

(2.) These are the facts of the case Opposite party filed a petition under Section 126 of the Code against the petitioner on 23-6-1986 in the court of the Sub-divisional Judicial Magistrate, Dhenkanal which was registered as Criminal Misc. Case No. 53 of 1986. On the prayer made by her, the learned Magistrate passed an interim order on 24-6-1986 directing the petitioner to pay a sum of Rs. 200/- as monthly allowance towards her maintenance. After receipt of notice in the case, the petitioner appeared and filed his written statement. He however, instead of immediately contesting the matter filed Criminal Revision No. 86 of 1986 in the court of the Sessions Judge, Dhenkanal challenging the aforesaid interim order passed by the learned Magistrate. The learned Sessions Judge by order dated 3-12-1988 dismissed the revision. On 4-5-1989 the petitioner and the opposite party filed a petition of compromise before the learned Magistrate by which the petitioner agreed to make payment of Rs. 125/- as monthly allowance of maintenance to the opposite partly payable from May, 1989. He also agreed to pay her a sum of Rs. 2,000/- as arrear allowance of maintenance. The learned Magistrate passed an order on the same day (4-5-1989) which reads as follows :

(3.) Despite valid service of notice, the opposite party has not entered her appearance in this matter.