Court No. - 74

Case :- CRIMINAL REVISION DEFECTIVE No. - 217 of 2021

Revisionist :- Om Prakash Yadav

Opposite Party :- State Of Up And 3 Other

Counsel for Revisionist :- Ram Janam Shahi

Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

The revisionist has come up challenging two orders passed

in maintenance proceedings. By the first of these orders

dated 10.01.2008, the Principal Judge, Family Court,

Azamgarh has awarded maintenance in the sum of Rs.

1000/- per month to the wife and Rs. 500/- each to the

parties' minor daughters, numbering two, from the date of

application. This order was sought to be revoked by the

revisionist through a motion under Section 127 Cr.P.C. on

account of changed circumstances. The wife has

remarried, and, is gainfully employed as 'Safai Karmi'. The

Family Court found that the wife has remarried one Vinod

Kumar and is employed as 'Safai Karmi' since 12.02.2009.

In view of these findings, the maintenance order, earlier

passed in favour of the wife, has been revoked by the

impugned order dated 21.12.2020 passed by the Additional

Principal Judge, Family Court-I, Azamgarh. However, the

maintenance payable to the two minor daughters has been

enhanced from Rs. 500/- to Rs. 1000/- per month from the

date of application under Section 127 Cr.P.C., that is to

say, since 08.12.2017. It is the latter part of the order dated

11.12.2020 that the revisionist is aggrieved by. He also

says that he is aggrieved by the maintenance order

originally made.

This Court has heard learned counsel for the revisionist

Mr. Ram Janam Shahi and Mr. S.S. Tiwari, learned AGA

appearing on behalf of the State.

So far as the order passed in the original proceedings

awarding maintenance is concerned, this Court is of clear

opinion that it is too late in the day to challenge the

maintenance order passed way back in the year 2008.

Moreover, that order has now been subjected to a

modification in proceedings for revocation. So far as the

order dated 21.12.2020 is concerned, it rightly relieves the

revisionist's liability to pay his wife since she has

remarried and is gainfully employed. So far as the part of

the order enhancing the maintenance payable to the two

daughters is concerned, the enhancement from Rs. 500/- to

1000/- to the two daughters can hardly said to be

objectionable in monetary terms, considering the prevalent

price index.

Accordingly, this Court is not inclined to interfere with

either of the orders impugned. This revision fails and is

dismissed.

Order Date :- 3.2.2021

Deepak