AI Structured Summary
Not yet generated for this judgment
Judgment
Kundan Singh, J.—Heard learned Counsel for the parties.
This revision is directed against the order dated 31.7.84 of Judicial Magistrate, Ist Class, Varanasi, in Case No. 1026 of 1983 u/s 125, Code of Criminal Procedure.
Smt. Atarwasi, wife of the applicant, moved an application for realisation of maintenance of Rs. 1,400. The applicant raised two questions before the Magistrate concerned. Firstly, that the maintenance was awarded at the rate of Rs. 175 per month including Rs. 100 for the applicant''s minor daughter and the marriage of the daughter has been solemnized on 9.5.1984. Secondly, the applicant offered to take his wife back and maintain her. So far as the second question raised is concerned, the offer of the applicant cannot be considered at the time of execution of the order; that could have been raised during the proceedings before passing of the award of maintenance. So far as the question regarding the marriage of Morachhi is concerned factum of the marriage, date on which her marriage was selemnized and the period for which she was entitled to her maintenance have to be determined by the Magistrate after affording reasonable opportunity to the parties for leading their evidence. If circumstances are changed, the Magistrate is empowered to alter, amend or modify the award of maintenance in the manner provided u/s 127, Code of Criminal Procedure. The learned Magistrate has not passed the impugned order in view of the provisions of Section 127, Code of Criminal Procedure.
In view of the facts and circumstances stated above, the Magistrate is directed to consider and dispose of the claim of the applicant that the marriage of Morachhi has been solemnized on 9.5.84 or any other date and the period for which the opposite party is entitled for the maintenance of the daughter.
With the observations above, the revision petition succeeds in part and the impugned order is set aside and sent back to the court concerned for the decision of the applicant''s application in accordance with the provision u/s 127, Code of Criminal Procedure.