A criminal revision was filed by a petitioner challenging a maintenance order due to alleged financial hardship. The single-judge bench held that the issue of change in circumstances cannot be decided in revision. The petitioner is directed to approach the court below under Section 127 CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.1261 of 2016
Arising Out of PS.Case No. -null Year- null Thana -null District- BEGUSARAI
=========================================================== Sanjay Kumar @ Sanjay Kumar Singh, son of late Pramod Shanker Singh, resident of village - Maheshpur,, P.S.- Muffasil, District- Muner at present residing at Ganga Bihar Colony, Tekari Road, Sultanganj, P.S.- Mahendru, Dsitrict- Patna.
.... .... Petitioner/s
Versus
Kundan Kumari @ Kanchan Singh, wife of Sanjay Kumar Singh, resident of village- Maheshpur P.S Muffasil District- Munger, D/o Ram Sagar Chaudhary, Resident of Parmanandpur, P.S Cheriya Bariyarpur Dist Begusarai
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Sandeep Kumar, Advocae. Mr. Ritesh Kumar, Advocate. For the OP No. 2 : Mr. Sandip Kumar Gautam. ===========================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 23-08-2017
Heard learned counsel for the petitioner as well as learned counsel for the State.
Patna High Court CR. REV. No.1261 of 2016 dt.23-08-2017
2/2
the Court finds that the issue raised by the petitioner cannot be decided in revisional jurisdiction. In case of any change in the circumstances, there is specific provision for alteration in allowance following the procedure contained in Section 127 of the Criminal Procedure Code, which requires proof of the change circumstances. Therefore, this revision application is disposed of with the observation that the petitioner may move before the court below under the said provision if so advised, which shall be decided in accordance with law.
(Arun Kumar, J)
Sujit/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 30.08.2017 |
| Transmission Date |
30.08.2017 |
2 issues framed by the court
Whether the issue of altered financial circumstances justifying a reduction in maintenance can be decided in revisional jurisdiction.
Whether a petition seeking alteration of maintenance allowance should be exercised under the specific provision for alteration rather than via revision.
1 provisions across 1 enactments
Sanjay Kumar @ Sanjay Kumar Singh
Kundan Kumari @ Kanchan Singh
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
