D.K.SINHA, J. - (1.) THE petitioner has preferred this Cr. Revision challenging the legality, propriety and correctness of the order impugned dated 26.7.2008 passed under Section 127(1) of the Code of Criminal Procedure by the Principal Judge, Family Court, Jamshedpur in Misc. Case No. 167 of 2005 by which the maintenance amount, which was earlier given to Smt. Anasuya, opposite party herein to the tune of Rs. 350/ - per month was enhanced on her petition dated 4.10.2007 to the extent of Rs. 3,000/ - per month directing the petitioner to pay w.e.f. 4.10.2007.
(2.) THE fact of the case in short was that the opposite party preferred a petition under Section 125 Cr.P.C. before the Judicial Magistrate, Ist class, Jamshedpur which was registered as Misc. Case No. 30 of 1988 and the same was allowed in terms of the order dated 24.7.1993 asking the petitioner to pay Rs. 350/ - per month since 24.7.1993. The opposite party after a long interval preferred a petition under Section 127(1) of Cr.P.C. before the Principal Judge, Family Court, Jamshedpur for enhancement of maintenance amount which was registered as Misc. Case No. 167 of 2005 and after considering the claim of the opposite party herein and the rejoinder of the petitioner, passed the order allowing the maintenance amount at the enhanced rate which was challenged by the petitioner in Cr. Revision No. 941 of 2007 before the Jharkhand High Court. This Court disposed of the Cr. Revision on 29.11.2007 with the following observation: According to the petitioner, the maintenance granted to opposite party Smt. Anasuya was not in accordance with law. It is further submitted that according to the custom prevalent in the area, she cannot be married with him. However, the learned Family Court, Jamshedpur, has granted the maintenance to her in the year 1988 out of Misc. Case No. 30 of 1988 at the rate of Rs. 350/ - per month, which he is paying. However, later on, the Family Court in Misc. Case No. 167 of 2005 has enhanced the maintenance amount to Rs. 3000/ - per month. In view of the provisions where such enhancement has been granted, the matter is remitted back to the Family Court, Jamshedpur to consider all these points of law without being prejudiced by the order of this Court and whether the opposite party is entitled of any maintenance specifically to the enhanced amount or not With the aforesaid observation and directions, this revision stands disposed of.
(3.) PURSUANT to such observation of this Court, the Principal Judge, Family Court, Jamshedpur by a detailed order dated 26.7.2008, which is impugned herein, upheld his earlier order and thereby directed the petitioner to pay the maintenance amount to the tune of Rs. 3,000/ - per month to the opposite party w.e.f. 4.10.2007 which has been challenged in the present Cr.Revision on the ground that provision of Section -127(2) of the Code of Criminal Procedure could not be appreciated by the Principal Judge, Family Court, Jamshedpur in its right perspective which speaks: Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under Section 125 of Cr.P.C. should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.;