Case Note & Summary
The petitioner, Mohammed Naim, is the husband of respondent no.1, Shaikh Shaziya Farheen. He had been paying maintenance to his wife and their minor child under an order passed by the Magistrate under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The maintenance for the wife was fixed at Rs. 1,500 per month. After the maintenance order was passed on 09.06.2010, the wife started working as a teacher in a school. The husband filed an application under Section 127 CrPC seeking cancellation of the maintenance awarded to the wife, arguing that her employment constituted a change of circumstances. The Family Court rejected his application. Aggrieved, the husband filed the present criminal writ petition invoking the constitutional jurisdiction of the High Court. The High Court examined the impugned order and noted that the wife did not adduce any evidence during the inquiry before the Family Court, while the husband adduced evidence and was cross-examined. The court found that the wife's employment as a teacher and her income were sufficient to maintain herself, and that the husband had established a change of circumstances under Section 127 CrPC. The court held that the Family Court's rejection of the husband's application was erroneous. Consequently, the High Court allowed the petition, set aside the impugned order, and directed that the maintenance awarded to the wife under Section 125 CrPC be cancelled. The rule was made absolute.
Headnote
A) Criminal Procedure - Maintenance - Cancellation of Maintenance - Change of Circumstances - Section 127, Code of Criminal Procedure, 1973 - The husband sought cancellation of maintenance awarded to wife under Section 125 CrPC on ground that wife started working as a teacher after the maintenance order. The Family Court rejected the application. The High Court held that the wife's employment and income constitute a change of circumstances under Section 127 CrPC, and since the wife did not adduce evidence to show her income was insufficient, the maintenance was liable to be cancelled. Held that the husband is entitled to cancellation of maintenance awarded to wife. (Paras 3-6)
Issue of Consideration
Whether the wife's subsequent employment and income constitute a change of circumstances under Section 127 of the Code of Criminal Procedure, 1973, warranting cancellation of maintenance awarded under Section 125 CrPC.
Final Decision
The High Court allowed the petition, set aside the impugned order of the Family Court, and directed that the maintenance awarded to the wife under Section 125 CrPC be cancelled. Rule made absolute.
Law Points
- Maintenance cancellation
- change of circumstances
- wife's employment
- Section 127 CrPC
- Section 125 CrPC
