- (1.) KUNDAN Singh J. Heard learned counsel for the parties.
(2.) THIS revision is directed against the order dated 31-7-84 of Judicial Magistrate, 1st Class, Varanasi, in Case No. 1026 of 1983 under Section 125 Cr. P. C. Smt. Atarwasi, wife of the applicant, moved an application for realisation of maintenance of Rs. 1400. The applicant raised two questions before the Magistrate concerned. Firstly, that the maintenance was awarded at the rate of Rs. 1175 per month including Rs. 100 for the applicant's minor daughter and the marriage of the daughter has been solemnized on 9-5-1984. Secondly, the applicant offered to take his wife back and maintain her. So far as the second question raised is concerned, the offer of the applicant cannot be considered at the time of execution of the order; that could have been raised during the proceed ings before passing of the award of main tenance. So far as the question regarding the marriage of Morachhi is concerned factum of the marriage, date on which her marriage was solemnized and the period for which she was entitled to her maintenance have to be determined by the Magistrate after afford ing reasonable opportunity to the parties for leading their evidence. If circumstances are changed, the Magistrate is empowered to alter, amend or modify the award of maintenance in the manner provided under Sec tion 127 Cr. P. C. The learned Magistrate has not passed the impugned order in view of the provisions of Section 127, Cr. P. C. In view of the facts and circumstan ces stated above, the Magistrate is directed to consider and dispose of the claim of the applicant that the marriage of Morachhi has been solemnized on 9. 5. 84 or any other date and the period for which the opposite party is entitled for the maintenance of the daughter.
(3.) WITH the observations above, the revision petition succeeds in part and the impugned order is set aside and sent back to the court concerned for the decision of the applicant's application in accordance with the provisions under Section 127, Cr. P. C. Revision partly allowed. .;