2002 CRI. L. J. 2894 ::(2002) 2 WLC(RAJ) 522 ::(2003) 1 MarriLJ 237 ::(2003) 1 HinduLR 320 ::2002 (2) CivilCourtC 251 ::2002 (3) RecCriR 21 ::2002 (2) DMC 368 ::(2002) MatLR 710 ::2002 (3) RajLR 228 ::2003 (1) RajCriC 114 ::2002 (2) RajLW 1333

Rajasthan High Court

Hon'ble Judge(s): Sunil Kumar Garg , J

(A) Criminal P.C. (2 of 1974) , S.127— Maintenance - Enhancement - Application has to be filed before Magistrate who has passed first order of maintenance - Order by Court of Session enhancing amount of maintenance - Illegal. Section 127(1) Cr. P.C. provides a proof of 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 allowance as he thinks fit. The words 'the Magistrate' would mean the Magistrate who has passed the first order of maintenance because Court is strengthened in this interpretation by the fact that Section 128, Cr. P.C. which is the section for enforcement of order of maintenance specifically provides that such petition under S. 125, Cr. P.C. may be presented before 'any Magistrate'. Therefore in these circumstances, the petition under S. 127, Cr. P.C. will have to be filed before the Magistrate who has passed the first order of maintenance.(Para 13 14) (B) Criminal P.C. (2 of 1974) , S.127— Maintenance - Alteration of allowance - Can be made from date of order and not from date of application. (Para 15) ....