DEVKI MAHENDRA Vs. RAKESH KUMAR MAHENDRA
HIGH COURT OF UTTARAKHAND
Rakesh Kumar Mahendra
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(1.) Heard learned Counsel for the parties and perused the papers on record.
(2.) Brief facts of the case are that marriage of the revisionist Smt. Devki Mahendra was solemnized with respondent Rakesh Kumar Mahendra. Matrimonial discord occurred between the couple and they parted ways.
Subsequently, revisionist filed a maintenance petition under Section 125 CrPC. Learned Principal Judge, Family Court, Dehradun vide his judgment and order dated 9.5.2008 allowed the said petition and awarded maintenance @ Rs. 2500/- per month to the revisionist with effect from the date of judgment.
Mr. Rakesh Kumar Mahendra challenged the said judgment and order before this Court by filing Criminal Revision No. 97/2008, which was dismissed on 28.9.2011, and thus the judgment and order of Family Court stood confirmed.
Subsequent thereto, the respondent, who was employed in the Judgeship of District Dehradun, superannuated from the Government Service, and thereafter he filed a petition under Section 127 CrPC claiming the change in circumstances and prayed that the amount of maintenance may be reduced accordingly.
(3.) The aforesaid petition under Section 127 CrPC has been allowed by the Principal Judge, Family Court, Dehradun vide the impugned judgment and order dated 18.10.2012, whereby the amount of maintenance has been reduced from Rs. 2500/- per month to Rs. 1200/- per month. The main ground of the respondent was that earlier he was receiving more than Rs. 23000/- as his salary, but subsequently he retired from the service and was getting only Rs. 7000/- per month as his pension.;
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