The amount of maintenance granted under Section 125(1) CrPC is subject to variation based on changed circumstances, including changes in the financial circumstances of the parties or other circumstantial changes in their lives.

Court No. - 88

Case :- CRIMINAL REVISION No. - 178 of 2022

Revisionist :- Muniram

Opposite Party :- State of U.P. and Another

Counsel for Revisionist :- Mahendra Pratap Yadav,Pavan

Kishore

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the revisionist and learned A.G.A.

for the State.

2. This criminal revision has been preferred against the order

dated 02.12.2021, passed by the learned Additional Principal

Judge/ Family Court, Sant Kabir Nagar in Misc. Case

No.10/11/2018, 'Sona Devi Vs. Muniram', under Section 127

CrPC, whereby the amount of maintenance granted to opposite

party No.2 has been enhanced from Rs.200/- per month to

7,000/- per month.

3. Learned counsel for revisionist submitted that the impugned

order is against facts and law and thus, liable to be set aside.

Earlier, the opposite party no.2, who is wife of revisionist, was

granted maintenance @ Rs.200/- per month by order dated

27.01.1994, passed by the learned Second Additional Chief

Judicial Magistrate, Basti and after that the revisionist has been

regularly paying the said amount of maintenance. Later on the

opposite party No. 2 filed an application under section 127

CrPC for enhancement of maintenance, which has been allowed

by the court below vide impugned order dated 02.12.2021,

whereby the amount of maintenance has been enhanced from

Rs.200 to 7,000/- per month. It is submitted that the revisionist

has already been retired from government service and that he is

merely getting fund of Rs.20,000/- per month. The revisionist

has responsibility to maintain his second wife and children, who

are studying. Further, the said enhanced maintenance has been

granted from the date of application, which is 25.01.2018. After

enhancement of maintenance amount, the revisionist has

already paid an amount of Rs.50,000/- on 03.11.2022. Referring

to the facts of the matter, it is submitted that the enhancement of

amount of maintenance is quite excessive and arbitrary and the

court below committed error by granting the enhanced amount

from the date of application.

4. Learned AGA has opposed.

5. I have considered rival submissions and perused the record.

6. Before proceeding further it would be apt to quote provisions

of clause (1) of section 127, which reads as under:

"…127. Alteration in allowance.— (1) On proof of a change in the circumstances of any

person, receiving, under Section 125 a monthly allowance for the maintenance or interim

maintenance, or ordered under the same section to pay a monthly allowance for the

maintenance, or interim maintenance, to his wife, child, father or mother, as the case may

be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the

maintenance or the interim maintenance, as the case may be.

7. It is clear from a plain reading of sub-section (1) of Section

127 Cr.P.C. that these provisions provide for increase or

decrease of maintenance granted under Section 125, consequent

upon any change in the circumstances of the parties concerned

at the time of filing of application for alteration/modification of

the original order of maintenance. For that purpose it must be

shown by the party concerned that there has been a change in

the circumstances of either the husband or of the wife. Thus, the

provisions of Section 127 (1) CrPC provide for increase or

reduce the allowance if there is a "change in the circumstances

of the parties at the time of the application for alteration of the

original order of maintenance. The amount of maintenance

once fixed under section 125(1) Cr.P.C. is not something which

can be taken to be a blanket liability for all times to come. It is

subject to variation on both sides. It can be increased or

decreased as per the altered circumstances. The objective is to

ensure that fair share according to changed income or changed

circumstances is granted to the wife. It may be stated that the

term ''change in circumstance