S. K. AGARWAL, J. ( 1 ) HEARD learned counsel for the revisionist. List has been revised yet learned counsel for the opposite Party is not present in Court. ( 2 ) THE main contention of the learned counsel for the revisionist is that the circumstances have changed. In so far as it relates to the wife. According to him she is now earning a sum of Rs. 725. 00 per month as salary from Kasturba Mahila Uththaan Mandal, Kumaun, Kausani, district Almorah. This is a total change in the status of the wife who had been allowed maintenance by the Judicial Magistrate at the rate of Rs. 250. 00 per month on the ground that she is unable to maintain herself. It was increased to a sum of Rs. 400. 00 per month by the revisional Court on her revision. ( 3 ) IN Sec. 125 Cr. P. C. it is very clearly indicated that any person i. e. wife, children or parents are entitled to maintenance allowance if any one of them is neglected or refused to be maintained if they are unable to maintain themselves. According to Sub Clause (a) of Sub Sec. (1) of Sec. 125 Cr. P. C. a wife who is unable to maintain herself is entitled to get maintenance. ( 4 ) THE change alleged before me requires proof. The applicant has to prove this like a fact or circumstance by adducing evidence. This evidence may be oral or documentary or both. This change in the circumstances of the wife is to be considered by the Court concerned if an application for either alteration or cancellation of the maintenance is moved before it by the applicant. This Court cannot go into this contention of the learned counsel for the revisionist in this application. When this order was modified by the learned revisional Court, till that period there was no evidence before the Court that the wife is able to maintain herself or regarding occurrence of any material change in her status. ( 5 ) IN the circumstances, it is directed that the Judicial Magistrate concerned shall go into this aspect afresh as adverted to earlier. The revisionist shall furnish oral as well as documentary evidence in respect of changes occurred in the status of his wife, opposite party no. 1. The wife shall also be afforded by the Magistrate an opportunity of rebuttal.
The revisionist shall furnish oral as well as documentary evidence in respect of changes occurred in the status of his wife, opposite party no. 1. The wife shall also be afforded by the Magistrate an opportunity of rebuttal. ( 6 ) WITH this direction, this revision stands disposed of. Order accordingly. .