32. Under Section 127 CrPC, the change of circumstances is required to be established by the party seeking the relief. The lapse of time itself is one of the changed circumstances. In this case, the petitioner got the relief of maintenance in her 125 CrPC petition by way of paltry sum of Rs. 350/- vide order dated 28-01-1994 of Ld. MM Sh. NK Kaushik which was enhanced in revision to Rs. 450/- PM. In her HAM case vide order dated 21-05-1997, petitioner was awarded Rs. 2000/- PM. The present petition was filed after a lapse of 10 years. All along these years, the respondent had been spending for maintaining his illegal wife and two children from illegal marriage which ipso facto suggests that he was earning handsomely for maintaining self and three others.The portion of maintenance which he was to spend on the petitioner herein, he was spending on three persons supra . The complaint u/s 494 IPC of the petitioner herein, was dismissed for technical reasons whatsoever. However, it gave the courage and strength to the respondent to even come out in judicial proceeding before this court in cross-examination to admit his illegal marriage and birth of two children therefrom whereas in his written statement he has categorically denied his marriage during the subsistence of his marriage with the petitioner. It shows the lack of respect on the part of the respondent in abiding the law. He has disobeyed the law. He appears to have not challenged the dismissal of his divorce petition. He deserves to be not believed on his claim of suffering from ailment or incapacity to earn. He has not adduced any evidence to establish his claim that the petitioner is running a day care centre and tuition centre and beauty parlour and is earning sufficiently.
