2025:UHC:789 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.1151 of 2016 Hon’ble Manoj Kumar Tiwari, J. There is no representation for the applicant. Mr. Jayvardhan Kandpal, Advocate for the respondent. 2. Applicant is aggrieved by judgment & order dated 05.03.2008 passed by learned Judicial Magistrate, Rudraprayag in proceedings under Section 125 Cr.P.C. He has also challenged the judgment dated 01.09.2016 passed by learned Sessions Judge, Rudraprayag in Revision, whereby his Revision Petition was dismissed. 3. Respondent claimed maintenance from applicant by filing an application under Section 125 Cr.P.C. on 25.04.2005, alleging that she is legally wedded wife of the applicant and she does not have any source of income. Learned Judicial Magistrate allowed the said application vide order dated 05.03.2008 and directed the applicant to pay ₹1,000/- per month as maintenance to the respondent. In the year 2015, respondent moved an application under Section 127 Cr.P.C. for enhancing the amount payable as maintenance. The said application was allowed by learned Judicial Magistrate, Rudraprayag vide order dated 24.08.2015 and the amount payable as maintenance was increased to ₹5,000/- per month. 4. Perusal of the order dated 24.08.2015 reveals that earlier also, vide order dated 24.09.2010, the amount of maintenance was increased from ₹1,000/- to ₹2,000/-. Applicant challenged the order dated 24.08.2015 in a Revision Petition filed under Section 397 Cr.P.C. The said Revision was 2025:UHC:789 dismissed by learned Sessions Judge, Rudraprayag vide judgment dated 01.09.2016. Thus, feeling aggrieved, applicant has approached this Court challenging the orders dated 24.08.2015 and 05.03.2008 passed by learned Judicial Magistrate, Rudraprayag. He has also challenged the judgment dated 01.09.2016 rendered by learned Sessions Judge, Rudraprayag. 5. Heard learned counsel for the respondent and perused the record. Section 127 Cr.P.C. enables the Magistrate to alter the amount payable as maintenance, on proof of a change in the circumstances of any person, receiving maintenance under Section 125 Cr.P.C. Section 127 Cr.P.C. is reproduced below for ready reference: “127. Alteration in allowance.- [(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.] (2)Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3)Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that- (a)the woman has, after the date of such divorce, remarried, cancel such order as from the date of her re-marriage; (b)the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order- (i)in the case where such sum was paid before such order, from the date on which such order was made; (ii)in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c)the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to [maintenance or interim maintenance as the case may be,] after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom [monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under Section 125, the Civil Court shall take into account that sum which has been paid to, or recovered by such person [as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.” 6. In her application filed under Section 127 Cr.P.C., respondent had contended that, after passing of the last order, whereby maintenance payable to her was 2025:UHC:789 enhanced from ₹1,000/- to ₹2,000/-, the salary of the applicant has increased substantially and, as per the Pay Certificate issued by Deputy Education Officer, Jakholi, Rudraprayag, applicant is receiving ₹55,816/- as monthly salary; applicant has re-married and his wife, who is also serving as Teacher, is getting monthly salary of ₹50,000/- and it is becoming very difficult for her to maintain herself on a meagre maintenance amount of ₹2,000/- a month. Respondent prayed that maintenance amount may be enhanced to ₹25,000/- a month. Learned Magistrate, however, enhanced the maintenance from ₹2,000/- to ₹5,000/-. 7. Perusal of the impugned orders passed by learned Magistrate reveals that he has considered & discussed all relevant aspects. Learned Magistrate has held that there is substantial change in the circumstances and it is not possible for anyone to sustain herself for a meagre maintenance amount of ₹2,000/-, in view of inflationary trend in the economy. Thus, the view taken by the learned Magistrate, cannot be faulted. Learned Revisional Court was thus justified in dismissing the Revision Petition. Thus, this Court does not find any reason to interfere with the impugned orders. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 12.02.2025 Arpan