Created by Fuzzy Cloud

Patna High Court

Chandeshwar Kumar Rai @ Moti @ Chandeswar Kumar RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

A compromise does not bar future enhancement of maintenance under Section 127 CrPC; the enhanced amount is payable from the date of filing of the enhancement petition, and a fresh order must be made after hearing both parties.

Summary

The petitioner married Chandani Devi in 2010, but she deserted him and was later diagnosed with incurable bipolar affective disorder. The parties entered into a compromise in 2012 whereby the petitioner agreed to pay Rs.1,500 per month as maintenance. In 2024 the wife filed a miscellaneous case under Section 127 CrPC seeking enhancement of maintenance to Rs.4,500 per month, which the Family Court allowed. The petitioner challenged the order, arguing that a compromise barred any later enhancement and that no change in circumstances was shown. The High Court held that a compromise does not preclude future enhancement under Section 127, that inflation and the passage of time constitute a change in circumstances, and that the order should be modified to make the enhanced payment effective from the date of filing of the enhancement petition (21‑08‑2015) with a fresh calculation of quantum. The revision petition was disposed of, directing the Family Court to pass a fresh order after hearing both parties.

Issues considered

  • Whether a maintenance order passed on the basis of a compromise can be enhanced under Section 127 CrPC.
  • Whether the petitioner is liable to pay the enhanced maintenance amount from the date of the enhancement order or from the date of filing of the enhancement petition.
  • Whether a change in circumstances sufficient to justify enhancement is required and, if so, what constitutes such change.

Legislation cited

Subjects

  • maintenance
  • Section 127 CrPC
  • compromise
  • enhancement
  • divorce
  • mental illness
  • family court
  • revision petition
  • arrears

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL REVISION No.373 of 2025
     ======================================================
     Chandeshwar Kumar Rai @ Moti @ Chandeswar Kumar Rai S/o Sriballav
     Prasad Roy @ Ballabh Pd. Rai @ Shri Ballav Pd. Rai @ Shri Ballav Prasad
     Rai R/o Village- Khajaraitha, P.S.- Parbatta, District- Khagaria.
                                                                     ... ... Petitioner
                                          Versus
1.    The State of Bihar
2.    Chandani Devi W/o Chandeshwar Kumar Rai @ Moti @ Chandeswar
      Kumar Rai, D/o Bhubneshwar Sharma R/o vill- Parsa, P.S.- Jainagar,
      District Madhubani
                                                      ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner/s    :       Mr. Ravish Mishra, Advocate
                                     Mr. Rakesh Kumar Tiwary, Advocate
     For the Respondent/s    :       Ms. Somali Acharya, Advocate
                                     Mr. Ajay Kumar Thakur, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                          CAV JUDGMENT
      Date :09-04-2026

                    The instant criminal revision petition has been

      preferred by the petitioner against the order dated 24.12.2024

      passed by the learned Principal Judge, Family Court,

      Madhubani in Miscellaneous Case No. 115 of 2015 whereby

      and whereunder, the learned Family Court allowed the petition

      filed by the opposite party no. 2 under Section 127 of the Code

      of Criminal Procedure, 1973 (CrPC) and enhanced the

      maintenance amount allowed in favour of the opposite party no.

      2 @ Rs. 1,500/- per month to Rs. 4,500/- per month from the

      date of presentation of the petition, i.e., from 21.08.2015. The

      petitioner was further directed to pay an amount of Rs. 2,500/-

      as litigation expenses along with the first installment.
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            2/17




                      2. Briefly stated, the facts of the case, as it appears

         from the record, are that the petitioner was married with the

         opposite party no. 2 on 09.06.2010 in Budhanath Shiv Temple in

         Bhagalpur district. The behaviour of opposite party no. 2 was

         eccentric and abnormal and she deserted the petitioner and

         started living in her parental home and after 17.02.2011 she did

         not return to her matrimonial home. Thereafter, the petitioner

         filed a matrimonial case bearing MS No. 24 of 2011 under

         Section 9 of the Hindu Marriage Act for restitution of conjugal

         rights before the court of learned Principal Judge, Family Court,

         Khagaria on 16.04.2011. However, opposite party no. 2 had

         been suffering from Bipolar Affective Disorder even prior to her

         marriage which is a non-curable disease of the brain but this

         information was suppressed by her family members at the time

         of marriage and, thus, a fraud has been played upon the

         petitioner and they ruined his life. For this disease, the opposite

         party no. 2 remained under treatment at AIIMS, New Delhi.

         Therefore, the learned Principal Judge, Madhubani in the case

         filed by the petitioner ordered for medical examination of the

         opposite party no. 2. Accordingly, a report dated 09.01.2012 was

         submitted by the Jawahar Lal Nehru Medical College and

         Hospital, Bhagalpur before the learned Family Court observing
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            3/17




         that the opposite party no. 2 had been suffering from incurable

         mental medical problem. Thereafter, the petitioner left with no

         choice, withdrew his petition filed for restitution of conjugal

         rights and order of withdrawal was passed on 23.01.2023.

         Subsequently, the petitioner filed a matrimonial case bearing

         No. 109 of 2013 for divorce in the Family Court, Khagaria, in

         which, the opposite party no. 2 has filed her written statement

         on 07.11.2023. An application for transfer of the said case was

         also filed and the said transfer petition was allowed and records

         of the divorce case of the petitioner was transferred to the

         Family Court, Madhubani. In the said case, the opposite party

         no. 2 filed second written statement on 20.08.2014. However,

         she lost interest in the said case, remained absent and non-

         represented on the dates fixed in the case. In the said case, the

         learned Family Court passed a decree of divorce on 20.06.2023

         by way of detailed order. Meanwhile, during hearing of the

         anticipatory bail petition of the petitioner, the learned Single

         Judge of this Court, vide order dated 21.10.2014 passed in

         Criminal Misc. No. 38391 of 2014, directed the petitioner to

         deposit an amount of Rs. 750/- per month to the opposite party

         no. 2 as an interim maintenance amount.

                      It further transpires that the opposite party no. 2 filed
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            4/17




         a maintenance case bearing MR No. 26 of 2011 before the

         learned Principal Judge, Family Court, Madhubani on

         03.03.2011.       However,        the     maintenance   case   ended   in

         compromise and a compromise petition was filed on 15.02.2012

         wherein this petitioner, who was opposite party before the

         learned Family Court, agreed to pay his wife a sum of Rs.

         1,500/- per month as maintenance amount as per the agreed

         terms. Consequently, an order dated 15.02.2012 was passed by

         the learned Family Court holding that the maintenance case was

         disposed of as per the terms of settlement and the petitioner

         therein also agreed to withdraw the criminal complaint case

         bearing No. 246 of 2011, which was filed against the husband,

         the petitioner herein. It further transpires that the opposite party

         no. 2 then filed a miscellaneous case bearing No. 115 of 2015

         under Section 127 of CrPC before the court of learned Principal

         Judge, Family Court, Madhubani for enhancement of the

         maintenance amount. The petitioner as opposite party filed his

         written statement in the said case. The learned Family Court

         allowed the said miscellaneous case filed by the opposite party

         no. 2 and enhanced the maintenance amount from Rs. 1,500/- to

         Rs. 4,500/- per month. Against this order, the petitioner has

         approached this Court by filing the present revision petition.
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            5/17




                      3. Learned counsel appearing on behalf of the

         petitioner submitted that the order of the learned Family Court is

         completely illegal and erroneous in the facts and circumstances.

         The impugned order dated 24.12.2024 is neither sustainable on

         facts or in law. The learned Family Court has failed to

         appreciate the fact that once an order for maintenance has been

         passed based on compromise between the parties, there was no

         scope for enhancement of the same on the application being

         filed on behalf of opposite party no. 2. Learned counsel further

         submitted that the order impugned is not supported with reasons

         and nothing has been brought on record to point out the

         circumstances which have changed and necessitated the filing of

         the miscellaneous case. The miscellaneous case for enhancing

         the maintenance amount has been brought on record within

         three years of compromise order in the maintenance case but

         even this fact was overlooked by the learned Family Court.

         Learned counsel further submitted that the learned Family Court

         has also not considered the fact that in terms of compromise, the

         opposite party no. 2 was supposed to drop all criminal

         proceedings against the petitioner but she has failed to do so and

         has now filed the miscellaneous case only to harass the

         petitioner. Learned counsel further submitted that the order of
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            6/17




         maintenance has been passed without any documentary

         evidence as based solely on the deposition of the opposite party

         no. 2. Learned counsel further submitted that the opposite party

         no. 2, after filing the case for enhancing of maintenance amount,

         adduced her evidence after passage of 11 years from the date of

         passing of the first maintenance order on 15.02.2012. The

         petitioner was not granted any time for examination of

         witnesses and most of the proceeding took place during the

         period of Covid-19. Learned counsel further submitted that the

         order for enhancement of maintenance amount has been passed

         against the guidelines framed by the Hon’ble Supreme Court in

         the case of Rajnesh vs. Neha & Anr., (2021) 2 SCC 324.

         Learned counsel further submitted that the learned Family Court

         has not even considered the fact that the petitioner is merely a

         casual labourer earning only Rs. 5,000/- per month, still the

         maintenance amount has been enhanced to Rs. 4,500/- per

         month without any reason. The learned Family Court has also

         not considered the fact that marriage of both the parties stood

         dissolved by the orders of a competent court on the ground of

         incurable mental disease of the opposite party no. 2 and the

         same has been discussed in detail but the learned Family Court

         showed undue haste and made miscalculation in modifying the
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            7/17




         said amount. The order for enhancement of maintenance amount

         was passed without any logic and reason, more so, without

         considering the fact that the petitioner is a poor person. Learned

         counsel further submitted that the whole life of the petitioner

         has been ruined as the family members of the opposite party no.

         2 has suppressed the fact about incurable mental disease of the

         opposite party no. 2. Learned counsel further submitted that the

         learned Family Court has not considered the circumstances or

         whether the needs of recipient have increased due to inflation,

         medical expenses or education of children. The learned Family

         Court has also not considered the fact that there is no

         improvement in the capacity of the petitioner to make more

         payment. The learned counsel further submitted that the

         enhancement of amount must be strictly aligned with specific

         provisions of relevant legislation and principles of fairness but

         this was not considered by the learned Family Court.

                      4. In support of his case, learned counsel for the

         petitioner relied on the decision of the High Court of Bombay at

         Aurangabad in the case of Shaikh Sadiq Shaikh Rahim vs.

         Shabanabi S. Ali and Others, 2009 0 Supreme (Bom) 1451,

         wherein on account of non-consideration of income of the

         petitioner, enhancement of maintenance amount was held to be
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            8/17




         bad. Similarly, in the case of Sayantani Ghosh Vs. Sukesh

         Ranjan Koley (RVW 158 of 2023, decided on 10.08.2023 by

         the learned Single Judge of the High Court of Calcutta),

         wherein finding that petitioner has neither mentioned in the

         application for enhancement nor in the revisional application

         filed in the High Court with regard to any change of

         circumstances for which the alimony pendente lite was required

         to be enhanced, the learned Single Judge of Calcutta High Court

         has dismissed the application filed by the petitioner for review

         of the order by which the High Court did not find any reason to

         interfere with the order of the learned District Judge dismissing

         the application for enhancement of maintenance pendent lite.

         Learned counsel next relied on the decision of Calcutta High

         Court in the case of Manisha Kedia Vs. Manoj Kumar Kedia,

         2024 0 Supreme (Cal) 177, wherein the Calcutta High Court

         held that while fixing amount of maintenance, the Court has to

         consider the status of the parties, their respective needs, the

         capacity of the husband to pay etc. Thus, the learned counsel

         submitted that as the learned Family Court failed to take into

         consideration the facts and circumstances, the impugned order

         could not be sustained and the same needs to be set aside.

                      5. Learned counsel appearing on behalf of opposite
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                            9/17




         party no. 2 vehemently contended that there is no infirmity in

         the impugned order and the same is proper and correct. Learned

         counsel further submitted that the order for grant of

         maintenance amount was initially passed on 15.02.2012.

         Though the said order was based on compromise of the parties,

         the same could not preclude the opposite party no. 2 from

         approaching the Family Court for enhancement of the

         maintenance amount considering the increase in the cost of

         living. Further, the order for enhancement of maintenance

         amount came to be passed only on 24.12.2024, i.e., after

         passage of more than 09 years. Learned counsel further

         submitted that the opposite party no. 2 filed her affidavit

         regarding her assets and liabilities whereas the petitioner did not

         file any affidavit of assets and liabilities and further failed to

         lead any evidence. Learned counsel further submitted that the

         petitioner did not even cross-examine the witness of opposite

         party no. 2 and at this stage, it is not proper for him to challenge

         the order on new facts.

                      6. Learned counsel for the opposite party no. 2 relied

         on the decision in the case of Manish Jain Vs. Akanksha Jain,

         AIR 2017 SC 1640, wherein it has been held that an order for

         maintenance pendente lite or for costs of the proceedings is
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           10/17




         conditional on the circumstance that the wife or husband who

         makes a claim for the same has no independent income

         sufficient for her or his support or to meet the necessary

         expenses of the proceedings. In the present case, nothing was

         brought on record to show that the opposite party no. 2 was

         having any independent source of income. Next case relied on

         by the learned counsel for the opposite no. 2 is Shamima

         Farooqui Vs. Shahid Khan, AIR 2015 SC 2025, wherein the

         Hon’ble Supreme Court observed that in today's world, it is

         extremely difficult to conceive that a woman of her status would

         be in a position to manage with Rs.2,000/- per month. It has

         been stressed that it can never be forgotten that the inherent and

         fundamental principle behind Section 125 CrPC is for

         amelioration of the financial state of affairs as well as mental

         agony and anguish that woman suffers when she is compelled to

         leave her matrimonial home. It has further been held that the

         statute commands there has to be some acceptable arrangements

         so that she can sustain herself. The Hon’ble Supreme Court

         quoted with his approval a passage from the judgment rendered

         by the Delhi High Court in the case of Chander Prakash

         Bodhraj v. Shila Rani Chander Prakash, AIR 1968 Delhi 174,

         which reads as under:

                                   “An able-bodied young man has to be
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           11/17




                            presumed to be capable of earning sufficient
                            money so as to be able reasonably to maintain his
                            wife and child and he cannot be heard to say that
                            he is not in a position to earn enough to be able to
                            maintain them according to the family standard. It
                            is for such able-bodied person to show to the
                            Court cogent grounds for holding that he is
                            unable, for reasons beyond his control, to earn
                            enough to discharge his legal obligation of
                            maintaining his wife and child. When the husband
                            does not disclose to the Court the exact amount of
                            his income, the presumption will be easily
                            permissible against him.”


                      7. Thus, the learned counsel submitted that as the

         petitioner husband did not disclose by way of affidavit his assets

         and liabilities, the presumption taken against him is permissible.

         Learned counsel also referred to the decision of Bombay High

         Court in the case of Dattatraya Bhaurao Manekar Vs.

         Anupreeta Dattatraya Manekar, 2023 Supreme (Bom) 980,

         wherein finding that the petitioner did not examine himself to

         rebut the oral evidence of respondent, the High Court assumed

         that the petitioner might have chosen not to step into the witness

         box to avoid uncomfortable aspects of the matter. Thus, the

         learned counsel submits that there is no infirmity in the

         impugned order and the same does not require any interference
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           12/17




         of this Court.

                      8. I have given my thoughtful consideration to the

         rival submission of the parties and perused the record.

                      9. Section 127 of the CrPC reads as under:

                               “127. Alteration in allowance.—[(1) On proof
                         of a change in the circumstances of any person,
                         receiving, under section 125 a monthly allowance for
                         the maintenance or interim maintenance, or ordered
                         under the same section to pay a monthly allowance
                         for the maintenance, or interim maintenance, to his
                         wife, child, father or mother, as the case may be, the
                         Magistrate may make such alteration, as he thinks fit,
                         in the allowance for the maintenance or the interim
                         maintenance, as the case may be.]
                               (2) Where it appears to the Magistrate that, in
                         consequence of any decision of a competent Civil
                         Court, any order made under section 125 should be
                         cancelled or varied, he shall cancel the order or, as
                         the case may be, vary the same accordingly.
                               (3) Where any order has been made under
                         section 125 in favour of a woman who has been
                         divorced by, or has obtained a divorce from, her
                         husband, the Magistrate shall, if he is satisfied that—
                                  (a) the woman has, after the date of such
                            divorce, remarried, cancel such order as from the
                            date of her remarriage;
                                  (b) the woman has been divorced by her
                            husband and that she has received, whether before
                            or after the date of the said order, the whole of the
                            sum which, under any customary or personal law
                            applicable to the parties, was payable on such
                            divorce, cancel such order,—
                                     (i) in the case where such sum was paid
                               before such order, from the date on which such
                               order was made;
                                     (ii) in any other case, from the date of
                               expiry of the period, if any, for which
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           13/17




                               maintenance has been actually paid by the
                               husband to the woman;
                                  (c) the woman has obtained a divorce from
                            her husband and that she had voluntarily
                            surrendered her rights to [maintenance or interim
                            maintenance, as the case may be,] after her
                            divorce, cancel the order from the date thereof.
                               (4) At the time of making any decree for the
                         recovery of any maintenance or dowry by any
                         person, to whom a [monthly allowance for the
                         maintenance and interim maintenance or any of them
                         has been ordered] to be paid under section 125, the
                         Civil Court shall take into account the sum which has
                         been paid to, or recovered by, such person [as
                         monthly allowance for the maintenance and interim
                         maintenance or any of them, as the case may be, in
                         pursuance of] the said order.”


                      10. Thus, the aforesaid provision provides alteration

         in allowance of maintenance. The said provision also makes it

         clear that if the woman, who has been divorced has not

         remarried, but has not voluntarily surrendered her rights to

         maintenance, will continue to receive the maintenance.

         Therefore, the submission of the learned counsel for the

         petitioner, regarding opposite party no. 2 after being divorced

         and for this reason not entitled for any maintenance from the

         petitioner, is not sustainable, as nothing has come on record to

         show that opposite party no. 2 has remarried or has surrendered

         her rights to the maintenance.

                      11. So far as the submission of the learned counsel for
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           14/17




         the petitioner regarding the grant of maintenance amount to the

         tune of Rs. 1,500/- on the basis of compromise entered into

         between the parties is concerned, it is made clear that it was not

         in the form of one time settlement. When the matter was

         compromised and the petitioner agreed to make payment of Rs.

         1,500/- per month to the opposite party no. 2, the same does not

         mean the opposite party no. 2 was forbidden from seeking

         enhancement of the maintenance amount for all times to come.

         As it was not a one time settlement and opposite party no. 2 was

         allowed maintenance every month, implicit in it was intention of

         the parties that in future, there would be scope for enhancement

         of maintenance amount if need so arose. Merely because the

         initial maintenance amount was ordered on the basis of

         compromise, I do not think the gates for future enhancement has

         been closed for all purposes for opposite party no. 2. Therefore,

         even on this account, I do not find any merit in the submission

         of the learned counsel for the petitioner.

                      12. So far as contention of the petitioner about

         opposite party no. 2 not showing any change in circumstances is

         concerned, I do not attach much significance to it considering

         the fact that the initial order of maintenance was passed in the

         year 2012 and subsequent order came to be passed in the year
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           15/17




         2024 and the passage of this period in itself is sufficient to make

         an assumption by the Court that cost of living has risen and

         inflation has made the value of money lesser each day.

         Therefore, even if the opposite party no. 2 might not have

         deposed in so many words about her condition and her claim

         was not based on documentary evidence, the same could not be

         used to deny her claim. Moreover, the petitioner has failed to

         cross-examine the witness/opposite party no.2 and, therefore,

         cannot take advantage of his own wrong.

                      13. Further, on the quantum of enhancement, I do not

         think it could be said to be unreasonable as the first order for

         maintenance was passed on 14.02.2012 and it was to the tune of

         Rs. 1,500/- per month. More than 12 years thereafter the order

         for enhancement of maintenance amount has been passed and

         the amount has been enhanced to Rs. 4,500/- per month. This

         amount is based on the claim of the opposite party no. 2 who

         deposed herself as her only witness as it appears from the

         impugned order. Despite opportunity, the petitioner neither

         cross-examined the witness nor adduced his own evidence.

         Though, he filed his written statement/objection claiming his

         salary to be Rs. 5,000/- per month. If the petitioner failed to

         contest the case properly before the learned Family Court, it is
Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                           16/17




         not the fault of opposite party no. 2 and she cannot be penalized

         for the same. If the petitioner was in a position to make payment

         of Rs. 1,500/- per month in the year 2012, natural inference is

         that his income must also have increased during this period and

         considering the prevailing circumstances, rate of inflation and

         increase in cost of living, ordering the petitioner to make

         payment of Rs. 4,500/- per month as enhancement amount to the

         opposite party no. 2 could not be said to be unreasonable.

                      14. However, a blanket order of payment of Rs.

         4,500/- per month has been passed from the date of presentation

         of the petition for enhancement. It has been claimed by the

         petitioner that in the case for enhancement, the opposite party

         no. 2 adduced her evidence after 08 years of filing of the

         petition and the same has not been denied by the opposite party

         no. 2. Therefore, it would not be proper to direct the petitioner

         to make payment @ Rs. 4,500/- per month from the date of

         filing of the petitioner in the year 2015. On this short point, I am

         inclined to interfere with the impugned order and the part of

         impugned order dated 24.12.2024 is set aside to the extent of

         making payment from the date of filing of the enhancement

         petition and thus modifying the impugned order. The parties are

         directed to appear before the learned Principal Judge, Family
             Patna High Court CR. REV. No.373 of 2025 dt.09-04-2026
                                                        17/17




                      Court, Madhubani and the learned Family Court is directed to

                      pass a fresh order after giving due opportunity of hearing to the

                      parties for calculation of quantum of maintenance amount from

                      21.08.2015 till the passing of the order, i.e., 24.12.2024.

                                   15. It also transpires from the impugned order that the

                      petitioner is a defaulter and has accumulated arrear amount by

                      not making the payment regularly and hence, the learned Family

                      Court is directed to ensure that the petitioner makes the payment

                      of arrear amount before proceeding further in the matter. It goes

                      without saying that petitioner would keep on making payment

                      of the amount @ Rs. 4,500/- w.e.f. the date of impugned order,

                      i.e., 24.12.2024.

                                   16. Accordingly, the present revision petition stands

                      disposed of.

                                   17. Pending application(s), if any, also stands

                      disposed of.




                                                             (Arun Kumar Jha, J)
Ashish/-
AFR/NAFR                NAFR
CAV DATE                09.02.2026
Uploading Date
Transmission Date


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.