The Magistrate who passed the first order of maintenance has the exclusive authority to alter the maintenance allowance under Section 127 CrPC.

Sunil Kurnar Garg, J.-This revision petition has been filed by the husband-pelitioner against the judgment dated 16.2000 passed by the learned Additional Sessions Judge No. 2, Chittorgarh in Criminal Revision No. 22/98 by which the learned Sessions Judge enhanced the maintenance of the respondent-wife to Rs. 400/-per month in place of Rs. 250 and maintenance of her children to Rs. 250/-each per month in place of Rs. 150/-each per month awarded by additional Chief Judicial, Kapasan by order dated 13.98.

2. The facts giving rise to this revision petition are as follows:

(i) The non-petitioner Smt. Shanta Bai who is wife of petitioner-husband filed an application under Section 125 CrPC before the learned Additional Chief Judicial Magistrate, Kapasan on 22.96 inter alia stating that their marriage took place on 3 0.6.90 and because of that marriage, two daughters were born and for maintenance of herself and for her children, she claimed maintenance.

3. The petitioner-husband filed a reply and after recording the evidence, the learned Additional Chief Judicial Magistrate through his order dated 13.98 accepted the application of respondent-wife and awarded maintenance to the tune of Rs. 250/-per month for herself and Rs. 150/-each for her two children totalling Rs. 550/-per month with effect from 6.3.1998.

4. Aggrieved from that order dated 13.98 the non-petitioner preferred a revision before the Additional Sessions Judge No. 2, Chittorgarh for enhancement of maintenance as according to her maintenance allowance awarded to her by order dated 6.3.98 was not proper and sufficient.

5. The learned Additional Sessions Judge No. 2, Chittorgarh through his judgment dated

16.2000 accepted that revision filed by the respondent-wife and modified and order dated 13.98 to the extent that the respondent-wife was awarded Rs. 400/-per month in place of Rs. 250/-per month and the two children were awarded Rs. 250/-per month in place of Rs. 150/-per month and further they were ordered to be paid with effect from 6.3.98, the date from which the learned Additional Chief Judicial Magistrate also allowed the maintenance to the respondent-wife and her children.

6. Aggrieved from the judgment dated 16.2000 this revision petition has been filed.

7. In thisrevision petition, following two submissions have been raised by the learned Counsel for the petitioner-husband:-

(i) That the judgment dated 16.2000 passed by the learned additional Sessions Judge is illegal as the order of enhancement could only be passed by the Magistrate or by the Court who passed the earlier order

i.e. in this case, only the Additional Chief Judicial Magistrate, Kapasan could have increased the amount of maintenance and the enhancement made by the Additional Sessions Judge in revision is perse illegal and without jurisdiction.

(ii) That the order of granting enhanced maintenance with effect from 6.3.98 is also illegal as it should have been allowed by the date when the impugned judgment was passed by the learned Additional Sessions Judge.

8. I have heard both.

9. For alteration in allowance, Section 127 CrPC may be referred to.

10. Section 127 CrPC makes a provision (1) for alteration of allowance on the proof of change in the circumstances of the parties, (2) for cancellation or variation of allowances in consequence of a decision of a competent civil Court, (3) for cancellation of allowance ordered after divorce and (4) for taking into consideration the amount of allowance ordered under Section 125 in a Civil Court.

11. Thus, in the above circumstances alteration of allowance can be made.

12. The next question that arises for consideration is which Court is competent to enhance the maintenance allowance.

13. Areading of Section 126 CrPC would show that it provides for procedure and the jurisdiction of the Court where an application under Section 125 CrPC could be filed. Section 127 CrPC which is for alteration in the amount is completely different and for this Section 126,