Legal obligations for spousal maintenance continue after retirement, requiring courts to assess changes in circumstances for potential modifications.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Sidhartha Roy, learned counsel appearing for the petitioner, Mr. Naveen Kumar Gaunjhu, learned counsel appearing for the State and Mr. Abhishek Kumar, learned counsel appearing for opposite party no.2.

2. This criminal revision petition has been preferred for setting-aside the order dated 25.11.2022 passed by the learned Principal Judge, Family Court, Koderma in Maintenance Alteration Case No.01/2021, whereby, the petitioner has been directed to pay half of his retiral benefits and half of the pension amount to opposite party no.2 from the month of his retirement i.e. October, 2020.

3. Mr. Sidhartha Roy, learned counsel appearing for the petitioner submits that petition under Section 125 of Cr.P.C. was filed by opposite party no.2 stating therein that the marriage of opposite party no.2 was solemnized with the petitioner as per Hindu rites and customs on 14.03.1984 and they were blessed with four daughters and, thereafter, the petitioner has come in relationship with another woman and opposite party no.2 has been deprived of her every right including basic needs. He submits that in the petition it has also been stated about filing of other cases and at one time compromise has reached between the parties in Maintenance Case No.05/1994 and in light of the compromise, the Family Court in that case directed the employer of the petitioner i.e. TISCO Colliery Department to deposit half of the salary of the petitioner in the account of opposite party no.2. He further submits that against the said order, the petitioner herein filed Revision Petition No.68/2001 and the case record was remitted back to hear again and finally Miscellaneous Case No.12/1999 was filed before the Court of the learned C.J.M., Koderma and in the said case, agreement dated 24.06.1988 entered between the petitioner and opposite party no.2 was filed before the learned C.J.M., Koderma. He submits that there were several terms incorporated in the agreement including the expenses of marriage of daughters to be borne by the petitioner. He also submits that the learned C.J.M., Koderma vide order dated 26.07.2005 ordered for enforcement of agreement entered between the parties and also ordered in favour of opposite party no.2 to get half salary of the petitioner and subsequently vide order dated 28.07.2005 directed to issue a letter to Senior Divisional Manager (P&A) TISCO, West Bokaro Colliery, Ghato, Hazaribagh for deducting half salary of the petitioner and credit the same in the account of opposite party no.2. He submits that in light of the said order, regularly half of the salary was deducted from the salary of the petitioner and the same was credited in the account of opposite party no.2. He next submits that the petitioner was superannuated from his service on completion of 60 years of age and, thereafter, he was not receiving any salary and half of the salary was not credited in the account of opposite party no.2. He further submits that when the amount was not credited in the account of opposite party no.2, she filed several representations before the Management of TISCO. He submits that thereafter a petition under Section 125 (3) Cr.P.C. was filed, which was dismissed as withdrawn and thereafter the said maintenance alteration case has been filed under Section 127 of Cr.P.C. for alteration in the maintenance order dated 26.07.2005 passed by the learned C.J.M., Koderma in Miscellaneous Case No.12/1999 before the learned Family Court, Koderma. He submits that the said petition has been allowed by the impugned order by the learned Principal Judge, Family Cou