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2000 Supreme(Ker) 301

D.SREEDEVI
P. N. Manikkuttan Nair, Revision – Appellant
Versus
K. R. Girija Amma – Respondent


Judgment :-

This revision petition is directed against the order dated 13-9-1999 in C.M.P. No. 251/99 of the Family Court, Kottayam.

2. The petitioner before the Court below is the revision petitioner. The first respondent is the wife of the petitioner. The second respondent is his son. The petitioner's wife and son filed a petition under Section 125 of Cr.P.C. for maintenance and obtained an order in their favour. The wife was awarded Rs. 350/- p.m. and the son was awarded Rs. 250/- p.m. In compliance of the order he paid the maintenance till the end of March, 1996. He filed the above CMP 251/99 under Section 127, Cr.P.C. to cancel the order for maintenance to the wife. The learned Judge dismissed the application and hence he has filed this revision petition.

3. According to the petitioner, there is change of circumstances after the order for maintenance has been passed. Section 127, Cr.P.C. reads as follows :

"On proof of a change in the circumstances of any person, receiving, under Section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration in the allo







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