Bhupendra vs Smt. Saroj and Another

Dhirendra Mishra, J.—The Petitioner by this petition u/s 482 of the Code of Criminal Procedure (for brevity ''the Code'') has impugned the order dated 5th March 2004 passed in criminal revision No. 213/2003 whereby Learned I Additional Sessions Judge, Baloda Bazar has rejected his revision and confirmed the order dated 6.5.2003 of Learned Judicial Magistrate First Class, Baloda Bazar granting maintenance at the rate of Rs. 1,000/- p.m. to Respondent No. 1 and Rs. 600/-p.m. to Respondent No. 2.

All the grounds that have been urged by the Petitioner in the memo of this petition, have already been agitated before the Learned Additional Sessions Judge and both the Courts below after considering the arguments advanced by the Petitioner have allowed maintenance to the Respondents. The additional ground urged by the Petitioner in this petition is that during pendency of this petition in a proceeding under the Guardian and Wards Act, the Respondent No. 1/wife has admitted her income and therefore, in the changed circumstances, the award of maintenance passed by both the Courts below should be suitably reduced.

After going through the orders passed by both the Courts below this Court is of the considered opinion that it is open to the Petitioner to take the above ground before the Judicial Magistrate First Class in a duly constituted petition under the Code, which may be considered on its own merits. There is no merit in the instant petition, the same is liable to be dismissed and is accordingly, dismissed.