Meenakshi Ammal vs J. Balakrishnan

Maheswaran, J.—This revision is against the judgment of the Judicial I Class Magistrate, Tiruchirapalli made in M. C. No. 827 of 1976. The

wife filed an application u/s 127 of the Code of Criminal Procedure praying for increase in the maintenance amount granted to her in M. C. No.

438 of 19:73). The learned Magistrate in dealing with that application observed that generally the Court has no power to alter the order passed by

it for maintenance, but u/s 127 an application can be maintained, and that the words ""changed circumstances"" appearing in Section 127 will only

point to the change of circumstances of the wife and not to the change of circumstance of the husband, the respondent in the petition. This view of

the Magistrate is wrong. The plain import of Sub-section (1) of Section 127 is that a provision is made therein for an increase or decrease of the

allowance consequent on a change in the circumstance of either party at the time of application for alteration. Here, the allegation is that the source

of income of the husband had increased. Therefore, the proper course to be adopted in this case is to remit the matter to the Magistrate for enquiry

afresh on the petition filed by the petitioner. The revision is allowed and the matter is remitted to the Judicial I Class Magistrate, Tiruchirapalli who

will take the petition on file and enquire it afresh unbiased by any observations made in this order.