SHIV KUMAR SHARMA, J. - (1.) INSTANT revision impugns the order dated April 23,. 1997, of the learned Judge, Family Court, Jaipur whereby the application of the non -petitioner under Section 127 of the Code of Criminal Procedure was allowed and the maintenance awarded earlier to the petitioner and her children was ordered to be stopped from the dates mentioned in the impugned decision.
(2.) ADMITTED facts are that the learned Family Court passed the order on 19th August, 1993 and awarded maintenance in the sum of Rs. 400/ - per month to the petitioner and Rs. 500/ - per month each to her son and daughter. The non -petitioner moved an application under Section 127, Criminal Procedure Code before the learned Family Court praying therein mat son of the petitioner Vikrant became major on December 25, 1993 and her daughter shall attain majority on October 31, 1997, therefore, the maintenance allowances be ordered to be stopped. It was further prayed that as the petitioner has been serving in Rungta Hospital, Malviya Nagar, Jaipur, therefore, the order awarding maintenance to her be cancelled. The application was contested by the non -petitioner. The learned Trial Court decided the application vide order dated April 23, 1997 which has been called in question in the instant revision. Ave bestowed my thoughtful consideration to the rival contentions and carefully perused the impugned order and the legal position.
(3.) BEFORE adverting to the rival contentions, it would be useful to examine the provisions under Section 125(1), Criminal Procedure Code which provides thus - '125. Order for maintenance of wives, children and parents - -(1) If any person having sufficient means neglects or refuses to maintain - (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the First Class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to way the same to such person as the Magistrate may from time to time direct.' ;