GORAKH NATH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioner as well as the learned counsel appearing on behalf of the respondent State.

(2.) This criminal revision petition has been filed against the order dtd. 20/6/2025 passed by learned Principal Judge, Family Court, Palamau at Daltonganj, in Maintenance Alteration Case No.03 of 2023 whereby the learned court has been pleased to allow the petition under sec. 127 Cr.P.C filed by the Opposite Party for enhancement of maintenance amount of Rs.2500.00 to Rs.5000.00 per month in favour of the O.P.No.2 who happened to be wife.

(3.) Learned counsel for the petitioner submits that earlier a petition under Sec. 125 Cr.P.C has been filed by the O.P.No.2 and in that case on the basis of the compromise Rs.2500.00 per month was fixed as maintenance to the O.P.No.2 and that was being paid by the petitioner. He submits that now the present petition has been filed under Sec. 127 Cr.PC. by the wife stating that earlier the O.P.No.2 has filed Maintenance Case No.22 of 2006 against the petitioner in the court of learned Chief Judicial Magistrate, Palamau which was transferred to the court of learned Sub-Divisional Judicial Magistrate, Palamau which was decided on 10/10/2007 on the basis of the compromise and the petitioner was directed to pay Rs.2500.00 per month to O.P.No.2 for maintenance. He submits that in the petition it has been stated that now she is unable to maintain herself from the aforesaid maintenance allowance as the rate of everything has been increased since 2007 to 2022. It has been stated by the wife that the petitioner has got no other liability and his monthly pension is about Rs.46,000.00 and in the changed circumstance, the O.P.No.2-wife has filed the petition for enhancement of monthly maintenance at least to the tune of Rs.20,000.00 per month.