Ajay Kumar Nishad, son of Late Radha Nandan Nishad v. State of Jharkhand
2016-05-20
ANANDA SEN
body2016
DigiLaw.ai
ORDER : Petitioner is the husband and he is aggrieved by order dated 18.02.2015 passed in Criminal Misc. Case No.19 of 2013 by learned Principal Judge, Family Court, Bokaro under Section 127 of the Cr.P.C. 2. An application was filed by the wife Sarojini Lata Kumari and her minor daughter Riya Kumari under Section 125 of the Cr.P.C. claiming maintenance of Rs.10,000/- per month. The said case was numbered M.P. Case No.13 of 2005. After hearing the parties and on the evidence available on record, learned Principal Judge, Family Court, Bokaro vide order dated 05.06.2012 allowed the said application and directed to pay Rs.2500/-. This amount of Rs.2500/- was in respect of both; the claimant and her daughter. 3. The petitioner, husband, filed an application under Section 127 of the Cr.P.C. praying for alteration of the quantum of maintenance on the ground that because of initiation of criminal case at the instance of the wife, he has been suspended and later dismissed and as such he is not in position to pay any maintenance. He further claims that the wife is maintaining herself very well as she is a para teacher and is earning at least Rs.6300/- per month. It has been stated that this fact, that the wife Sarojini Lata Kumari is engaged and is working as para teacher, has been suppressed by her. By filing M.P. Case No.13 of 2005 the petitioner on this ground had prayed for alteration of the order passed by the Principal Judge, Family Court, Bokaro. 4. The wife appeared and filed her show cause. In para 5 she has categorically admitted that she has got a job of Panchayat Teacher on fixed salary of Rs.6300/- but said job is temporary in nature and on contract basis. She further submits that the expenses of her daughter has increased and as such, the amount which has been ordered to be paid in M.P. Case No.13 of 2005 is justified. 5. Section 127 of the Cr.P.C. provides for alteration of allowances. As per Section 127 of the Cr.P.C., on proving of any change in the circumstances, any person receiving maintenance under Section 125, an order can be passed altering the maintenance amount. 6. In this case, the petitioner has brought on record and submitted before the court that the wife was already in employment.
As per Section 127 of the Cr.P.C., on proving of any change in the circumstances, any person receiving maintenance under Section 125, an order can be passed altering the maintenance amount. 6. In this case, the petitioner has brought on record and submitted before the court that the wife was already in employment. This fact has been suppressed by her in the original proceeding under Section 125 of the Cr.P.C. otherwise the court below could not have granted any maintenance to the wife. From the show cause filed by the wife under Section 127 of the Cr.P.C., it is apparent that she is working as Panchayat Teacher. This fact has not been taken note of by the Principal Judge, Family Court in his order dated 05.06.2012 and he had no occasion, because this fact was not brought to the notice of the court as this fact has subsequently come to the knowledge of the petitioner/husband who has filed petition under Section 127 of the Cr.P.C. The petition under Section 127 of the Cr.P.C. was dismissed on the ground that Rs.2500/- is sufficient for the child. At this juncture, it may be mentioned that Rs.2500/- was not awarded to the child alone but it was awarded to maintain the child and mother which is apparent from order dated 05.06.2012. The wife Sarojini Lata Kumari has not filed any application to enhance the amount which was awarded to the child on the ground that she has to spend more on the child. This petition under Section 127 of the Cr.P.C. is at the behest of the husband. Thus, the order of rejection holding that Rs.2500/- as directed to be paid is sufficient for the child, cannot be sustained. The court below had to take into consideration the petition filed by the husband and pass an order either to alter or to modify the maintenance amount granted to the wife. It may be mentioned that Rs.2500/- which was awarded, is a composite amount for both the mother and the child and not for the child alone. This fact had to be taken into consideration while deciding the application under Section 127 of the Cr.P.C. 7. With the above observations, the order dated 18.02.2015 passed by the Principal Judge, Family Court, Bokaro in Criminal Misc. Case No.19 of 2013 stands set aside.
This fact had to be taken into consideration while deciding the application under Section 127 of the Cr.P.C. 7. With the above observations, the order dated 18.02.2015 passed by the Principal Judge, Family Court, Bokaro in Criminal Misc. Case No.19 of 2013 stands set aside. The matter is remanded back to the Principal Judge, Family Court, Bokaro to decide the application afresh without being prejudice by this order. The Principal Judge, Family Court, Bokaro will take all endeavor to conclude the proceeding under Section 127 of the Cr.P.C. within a period of six months from the date of production of a copy of this order. 8. This application stands allowed with the aforementioned observations.