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Maintenance to wife

(Querist) 26 October 2016 This query is : Resolved 
Whether a magistrate can set aside the order of maintenance granted earlier under s. 125 crpc on the premise that permanent alimony was granted at the time of passing order of divorce?
Sudhir Kumar, Advocate (Expert) 27 October 2016
please give facts of the case instead of setting question paper.
Guest (Expert) 27 October 2016
Academic query.
VENKATESH GUPTA (Querist) 27 October 2016
My client was awarded Rd.5000/- per month maintenance u/s 125 crpc. Husband filed divorce. While granting divorce permanent alimony was given. Now the husband sought cancellation of monthly maintenance on the ground that permanent alimony given. Whether the court can cancel the monthly maintenance
VENKATESH GUPTA (Querist) 27 October 2016
My client was awarded Rd.5000/- per month maintenance u/s 125 crpc. Husband filed divorce. While granting divorce permanent alimony was given. Now the husband sought cancellation of monthly maintenance on the ground that permanent alimony given. Whether the court can cancel the monthly maintenance
Guest (Expert) 27 October 2016
Mr. Venkatesh Gupta,

Not so convincing!

If permanent alimony was given, I wonder, if the court could have ignored the fact while passing order on maintenance.

Can you give extract of judgment, where reason for ignoring the element of permanent alimony would have been quoted in the order for grant of maintenance?

In my view this is merely an academic query, not a case of your client. Frankly speaking, I have also a doubt that you have posted your query with some assumed fake name having a South Indian name and caste of north India.

Rajendra K Goyal (Expert) 27 October 2016
Full orders and case file need to be referred, discuss in detail with your lawyer.
M V Gupta (Expert) 28 October 2016
You may file an application under Section 127 (2) of Cr Pc to cancel the order passed under section 125 on the ground that the wife has been granted permanent alimony by the civil court under the HM Act. The above section reads as under:
"127(2) Where it appears to the Magistrate that in consequence of any decision of a competent civil court, the 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."
M V Gupta (Expert) 28 October 2016
Dear Experts. Many a time queries posted by people are not entertained by some of us on the ground that they are academic in nature, and do not relate to any practical legal problems faced by the querists. I personally feel that the this is a wonderful platform for free exchange of professional knowledge and experience and provide guidance to the members of public including students to clear their doubts and offer guidance on legal issues raised by them. I also feel that an expert who is aware of any decided case law relevant to the issue under discussion there should not be any hesitation to furnish the same. This will not only help many of us and save our time in searching for cases on similar issues faced by us in our matters but also immensely increase the value and importance of this platform. I request all the experts to consider the above suggestions. I would like to submit that the above expression of my views is not meant to hurt any one who feels that he need not entertain any queries other than those which relate to genuine practical problems. I hope breather experts would give a thought on the above.
Guest (Expert) 28 October 2016
Dear Shri Gupta,

You can feel free to exchange your knowledge with students in solving their academic queries, but when the students start asking several subsequent questions to fulfill their need of 100% spoon feeding to solve their exercises, the experts have to waste plenty of their precious time and energy rather than devoting their efforts to help the really needy people, who are in trouble.

Otherwise, there is no objection, if some expert likes to put himself to the test questions.
Guest (Expert) 28 October 2016
Dear Shri Gupta,

You can feel free to exchange your knowledge with students in solving their academic queries, but when the students start asking several subsequent questions to fulfill their need of 100% spoon feeding to solve their exercises, the experts have to waste plenty of their precious time and energy rather than devoting their efforts to help the really needy people, who are in trouble.

Otherwise, there is no objection, if some expert likes to put himself to the test questions.
Rajendra K Goyal (Expert) 28 October 2016
author,

You may file application under Section 127 (2) of Cr Pc to cancel the order passed under section 125 on the ground that the wife has been granted permanent alimony by the civil court under the HM Act as suggested by the expert M.V. Gupta.


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