Shantaram s/o. Namdev Jadhav v. State of Maharashtra
2009-12-01
S.S.SHINDE
body2009
DigiLaw.ai
JUDGMENT:- This application takes exception to the order dated 16th January, 2007 passed by the Principal Judge, Family Court, Nagpur in Petition No.E-12/2006. 2. This matter was put up for final hearing on 30th November, 2009, but none appeared for the applicant, therefore, the matter was adjourned today. Even today none appears for the applicant. 3. The brief facts of the case are as under :- The applicant herein is the husband of the non-applicant No.2 and father of non-applicant No.3. The marriage of applicant with non-applicant No.2 was solemnized on 21-51971 and the non-applicant No.2 left the matrimonial home in the year 1977. 4. The non-applicant No.2 filed first application for maintenance in the year 1979 which was decided by the Judicial Magistrate, First Class, Court No.8, Nagpur granting maintenance at the rate of Rs.100/- to the non-applicant No.2 and Rs.50/- per month to the non-applicant No.3. 5. Thereafter the non-applicants preferred an application under Section 127 of the Criminal Procedure Code for enhancement of maintenance vide Misc. Criminal Case No.261/86 before the Chief Judicial Magistrate, Nagpur which was allowed and maintenance came to be enhanced at the rate of Rs.150/-and Rs.75/- per month to the non-applicants 2 and 3 respectively. 6. Thereafter the non-applicant Nos.2 and 3 again preferred a Petition No.E-379/2003 before the Judge, Family Court, Nagpur for enhancement of maintenance amount on 3-10-2003, which came to be decided on 5-1-2006 thereby enhancing the amount of maintenance @ Rs.l,000/- per month to both of them with effect from 5-1-2006. 7. It is the case of the applicant that he is getting pension of Rs.2,400/- per month from which he has to maintain himself, his two sons, care taker from 27-10-2004 and is maintaining in the city of Mumbai. Therefore, the applicant has preferred a petition under Section 127 of the Criminal Procedure Code for varying the order of maintenance on the basis of changed circumstances being retired employee vide Petition No.11/2006 before the Principal Judge, Family Court, Nagpur on 152-2006. 8. The non-applicant Nos.2 and 3 moved an application for dismissal of the petition raising the ground that there is no provision in Criminal Procedure Code thereby empowering the Family Court to vary the order already passed under Section 127 of the Criminal Procedure Code. The Principal Judge, Family Court, Nagpur vide its order dated 16-1-2007 pleased to reject the application filed by the applicant.
The Principal Judge, Family Court, Nagpur vide its order dated 16-1-2007 pleased to reject the application filed by the applicant. Hence, this revision. 9. I have perused the grounds in the application. None of the grounds appeals to interfere in the impugned judgment and order passed by the Family Court. That, apart, I find considerable substance in the argument advanced by the Advocate appearing for the non-applicant Nos.2 and 3 that there is no provision under Section 127 of the Criminal Procedure Code to file application for varying the earlier order passed in favour of the non-applicant under same section. On perusal of Section 127 of the Criminal Procedure Code, it appears that there is no provision enabling the applicant to file application for varying the order which is passed by the concerned Court under same section. Therefore, there is no substance in this revision application. Hence, Criminal Revision Application stands dismissed. Rule is discharged. Interim relief, if any, stands vacated. Application dismissed.