S.127 CrPC | Must Consider Husband’s Financial Status, Changed Circumstances While Determining Maintenance In Matrimonial Dispute

Case: Jyoti @ Gayatri V. Rohit Sharma @ Santosh Sharma

Coram: Justice Chandra Dhari Singh

Case No.: CRL. REV. P. 56/2018

Court Observation: “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,”

“Further, the circumstances alleged by the revisionist/wife already existed at the time of passing the original maintenance judgment; therefore, proof of such circumstances cannot form the basis for altering the amount of maintenance under sub-section (1) of Section 127 Cr.P.C.”

“The plain import of sub-section (1) of Section 127 Cr.P.C is that a provision is made therein for an increase or decrease of the allowance consequent on a change in the circumstances of the parties at the time of the application for alteration of the original order of maintenance. It must be shown that there has been a change in the circumstances of husband or of the wife,”

“It can be increased or decreased as per the altered circumstances. Further, the circumstances alleged by the revisionist/wife already existed at the time of passing the original maintenance judgment; therefore, proof of such circumstances cannot form the basis for altering the amount of maintenance under sub-section (1) of Section 127 Cr.P.C. In the instant case, there is nothing on record to prove that there has been change in circumstances that would warrant an enhancement in maintenance,”

“Even this Court does not find any material(s) on record to ascertain the exact income of the respondent nor is there any change in circumstances,”

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Keywords

S.127 CrPC, Matrimonial Dispute, Maintenance