Case Note & Summary
The applicant husband invoked the inherent power of the High Court challenging the revisional court's order which directed that the enhanced maintenance under Section 127 of the Criminal Procedure Code, 1973 be effective from the date of the application for enhancement, rather than from the date of the Magistrate's order. The wife and son had initially been granted maintenance of Rs.800 and Rs.600 per month respectively under Section 125 CrPC in Miscellaneous Criminal Application 50/2006. Subsequently, they filed an application under Section 127 CrPC (Miscellaneous Criminal Case 179/2011) seeking enhancement. The Magistrate partly allowed the enhancement application, directing the husband to pay Rs.3,000 per month to the wife and Rs.2,000 per month to the son from the date of the order. The Magistrate noted that the husband's salary had increased from Rs.7,839 per month at the time of the original maintenance order to over Rs.20,000 per month in 2014, and by June 2017 his net salary was Rs.32,900. The wife and son filed Criminal Revision 81/2016, which was allowed by the revisional court, directing that the enhanced maintenance be paid from the date of the application for enhancement. The husband challenged this revision order. The High Court observed that the Magistrate had exercised discretion to grant maintenance from the date of the order, which is permissible under Section 125 CrPC. The revisional court did not record any finding that the Magistrate's order was perverse or illegal, nor did it consider the husband's objections. The High Court held that the revisional court erred in interfering with the Magistrate's discretion and set aside the revisional order, restoring the Magistrate's order directing enhanced maintenance from the date of the order.
Headnote
A) Criminal Procedure Code - Maintenance - Enhancement under Section 127 - Date of Effect - The revisional court's direction to make enhanced maintenance effective from the date of application was set aside as the Magistrate had discretion to order from the date of order. The High Court held that the revisional court ought not to have interfered with the Magistrate's discretion without sufficient reason. (Paras 1-8) B) Criminal Procedure Code - Maintenance - Revision - Scope - The revisional court exceeded its jurisdiction by modifying the date of effect of enhanced maintenance without considering the husband's objections and without recording any finding that the Magistrate's order was perverse or illegal. (Paras 7-8)
Issue of Consideration
Whether the revisional court erred in directing that the enhanced maintenance under Section 127 of the Criminal Procedure Code, 1973 be effective from the date of the application for enhancement, rather than from the date of the order.
Final Decision
The High Court allowed the application, set aside the revisional court's order, and restored the Magistrate's order directing enhanced maintenance from the date of the order.
Law Points
- Maintenance enhancement under Section 127 CrPC
- Date of effect of enhanced maintenance
- Discretion of Magistrate under Section 125 CrPC
- Revision against maintenance order
