GHASI LAL Vs. SMT. BHANWARI DEVI

JUDGEMENT

(1.) AGGRIEVED by the order dated 23.09.2003, passed by the learned Family Court No. 2, Jaipur, whereby the learned Family Court has directed the Petitioner to pay a maintenance of Rs. 2,000/ - to the Respondent, Smt. Bhanwari Devi, from the date of filing of the application, the Petitioner has approached this Court.

(2.) THE learned Counsel for the Petitioner has contended that the Petitioner is receiving only Rs. 1,947/ - per month as pension as he has taken voluntary retirement from the Telecommunication Department. Therefore, he is not in a position to pay the maintenance amount.

(3.) ACCORDING to the order dated 23.09.2003, the Petitioner was earning Rs. 5,000/ - per month as an employee of the Telecommunication Department. Therefore, this Court asked the learned Counsel to explain as to the date on which the pension was started. He informs this Court that the Petitioner took voluntary retirement in the year 2008 and the pension was started in 2008. It is, indeed, surprising that the Petitioner has not moved an application for the modification of the order dated 23.09.2003 under Section 127 Code of Criminal Procedure Instead after a delay of eight years, he has rushed to this Court challenging the order dated 23.09.2003. When this Court asked the learned Counsel to explain the reason why he has approached this Court after an inordinate delay of eight years, he has inform the Court that since the attachment proceedings have been initiated, he has rushed to the High Court. However, merely because an attachment warrant has been issued against the Petitioner, it would not entitle him to seek the refuge of this Court. For, he has the availability of an alternative remedy in submitting an application under Section 127 Code of Criminal Procedure for amendment of the order dated 23.09.2003 especially in light of the changed circumstances.