Revision petition regarding interim maintenance quantum. Court held that since petitioner has not filed Section 127 application, revision disposed of with direction to decide that application on merits after hearing the wife.
Revision disposed of; directed to decide Section 127 application after hearing the wife.
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RPFAM No.146 of 2015
21.12.2016 Heard learned counsel for the petitioner and learned counsel for the opposite
party.
The petitioner has filed this revision petition challenging the impugned order
dated 25.07.2015 passed by the learned Judge, Family Court, Ganjam, Berhampur in Cr.P. No.168
of 2014 in which the learned Judge, Family Court, Berhampur directed the petitioner to pay a
sum of Rs.8,000/- (rupees eight thousand) per month to the opposite party as interim maintenan
ce till disposal of the original case from the date of filing of the application.
It is contended by the learned counsel for the petitioner that taking into acc
ount the fact that the petitioner was serving as a lecturer in Orissa Institute of Engineer an
d Technology, the quantum of maintenance has been fixed but in the meantime the petitioner has
lost his job. An averment to that effect has been made in the revision petition but no docume
nt has been filed to substantiate such contention.
Section 127 of Cr.P.C. provides that if there is change in the circumstances o
f any person ordered to pay interim maintenance to his wife then the Magistrate may make such
alteration as he thinks fit in the order of the interim maintenance. In view of such provision
, the learned counsel for the petitioner submits that since there is change in the circumstanc
es as the petitioner has lost his job, he wants to file an application under section 127 Cr.P.
C. before the concerned Court for alteration of the amount of interim maintenance and therefor
e, the revision petition be
disposed of accordingly.
Considering the submissions made by the learned counsel for the petitioner, wh
ile disposing of the revision petition, it is directed that if any application under section 1
27 of Cr.P.C. is filed by the petitioner before the learned Judge, Family Court, Berhampur in
Cr.P. No.168 of 2014, the same shall be disposed of in accordance with law after hearing the o
pposite party-wife.
S. K. Sahoo, J.
5
2 issues framed by the court
Whether the High Court should interfere with the quantum of interim maintenance when the petitioner claims loss of employment but has not filed an application under Section 127 Cr.P.C.
Whether an application under Section 127 Cr.P.C. for alteration of interim maintenance should be decided after hearing the wife.
1 provisions across 1 enactments
Petitioner
Opposite party-wife
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court