J.J. Munir, J. - (1.) Heard Sri Shyam Narain Rai, learned counsel for the revisionist and the learned A.G.A. appearing for the State.
(2.) This revision has been filed challenging an order dated 05.07.2018 passed by the Additional Judge, Family Judge/ Additional District Judge/ Fast Track Court no.2, Azamgarh passed in Case no.35 of 2003 allowing an application under Section 127 Cr.P.C. and enhancing the maintenance earlier awarded to the wife from a sum of Rs.1000/- per month to a sum of Rs.3000/- per month.
(3.) The submission of the learned counsel for the revisionist is that the sum of Rs.1000/- earlier awarded under Section 125 Cr.P.C. was on the basis of compromise arrived at between parties on 23.12.2001 and the amount aforesaid being determined on the basis of a compromise there is no scope for enhancement of the same under Section 127 Cr.P.C. The further submission is that the order enhancing maintenance is void ab initio as it militates against the compromise where the quantum of maintenance determined is good for all times to come. The learned Family Judge has considered this aspect of the matter and has found that the wife has contended that the parties' minor daughter was agreed upon by that compromise to stay with the father (the revisionist) which the revisionist has observed in breach. He has further taken note of the fact that the revisionist has married a second time whereas the wife has turned 50 years, aged prematurely and has infirm health. It is impossible for her to maintain herself in the sum of Rs.1000/- as the maintenance was agreed upon way back in the year 2001.;