Case Note & Summary
The case involves a criminal revision filed by Prashant Manikrao Bagade (applicant/husband) against the judgment and order dated 22.10.2010 passed by the Family Court, Akola, in E.R. Petition No. 414 of 2009. The husband had filed an application under Section 127 of the Code of Criminal Procedure, 1973 (CrPC) seeking cancellation of maintenance granted to his wife (non-applicant no. 1) and minor son (non-applicant no. 2). The background is that the wife and son had earlier filed a maintenance application under Section 125 CrPC (M.C.C. No. 1096/05), which was allowed by the Magistrate on 12.12.2006 granting Rs.1000/- per month to the wife and Rs.800/- per month to the son. The husband's revision against that order was dismissed on 01.10.2007, and the wife's revision was allowed, enhancing maintenance to Rs.1500/- each per month. The husband did not challenge the dismissal of his revision, so the maintenance order attained finality. In 2009, the husband filed an application under Section 127 CrPC for cancellation of maintenance, claiming that the wife had obtained a temporary job at ITI College, Amravati, from 07.02.2009, and was earning a substantial salary sufficient for her maintenance. The Family Court dismissed the application. In the High Court, the husband's counsel submitted that the husband was giving up his claim regarding the son and pressing only against the wife. The High Court observed that the wife's job was purely temporary and could cease at any time. The Family Court had correctly considered this aspect. The High Court held that temporary employment does not constitute a change in circumstances warranting cancellation of maintenance under Section 127 CrPC. The revision was dismissed, and the order of the Family Court was confirmed.
Headnote
A) Criminal Procedure Code - Maintenance - Cancellation under Section 127 - Temporary Employment - The husband sought cancellation of maintenance awarded to wife on ground that she obtained temporary employment. The Family Court dismissed the application. The High Court held that temporary employment, which can cease at any time, does not constitute a sufficient change in circumstances to cancel maintenance under Section 127 CrPC. The revision was dismissed. (Paras 9-10)
Issue of Consideration
Whether the wife obtaining temporary employment constitutes a change in circumstances sufficient to cancel maintenance under Section 127 of the Code of Criminal Procedure, 1973.
Final Decision
The High Court dismissed the criminal revision, confirming the Family Court's order dated 22.10.2010 dismissing the application under Section 127 CrPC.
Law Points
- Section 127 CrPC
- cancellation of maintenance
- temporary employment
- change in circumstances
