VASAMSETTI VISHNU POTHANA @ VASAMSETTI Vs. ANASUYA

JUDGEMENT

(1.) THE petitioner has preferred this Cr. Revision challenging the legality, propriety and correctness of the order impugned dated 26.7.2008 passed under Section 127(1) of the Code of Criminal Procedure by the Principal Judge, Family Court, Jamshedpur in Misc. Case No. 167 of 2005 by which the maintenance amount, which was earlier given to Smt. Anasuya, opposite party herein to the tune of Rs. 350/ - per month was enhanced on her petition dated 4.10.2007 to the extent of Rs. 3,000/ - per month directing the petitioner to pay w.e.f. 4.10.2007.

(2.) THE fact of the case in short was that the opposite party preferred a petition under Section 125 Cr.P.C. before the Judicial Magistrate, Ist class, Jamshedpur which was registered as Misc. Case No. 30 of 1988 and the same was allowed in terms of the order dated 24.7.1993 asking the petitioner to pay Rs. 350/ - per month since 24.7.1993.

(3.) PURSUANT to such observation of this Court, the Principal Judge, Family Court, Jamshedpur by a detailed order dated 26.7.2008, which is impugned herein, upheld his earlier order and thereby directed the petitioner to pay the maintenance amount to the tune of Rs. 3,000/ - per month to the opposite party w.e.f. 4.10.2007 which has been challenged in the present Cr.Revision on the ground that provision of Section -127(2) of the Code of Criminal Procedure could not be appreciated by the Principal Judge, Family Court, Jamshedpur in its right perspective which speaks: Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under Section 125 of Cr.P.C. should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.