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Discussion > Family Law > Maintenance > 125 crpc and 127crpc to counter it?   Unanswered Threads Post New Topic

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There are 4 Replies to this message


Mani123456


Engineer
[ Scorecard : 463]
Posted On 15 July 2013 at 13:03 Report Abuse

Hi,

 My wife is filed 125 crpc maintenance case after filing a false 498a case against me. 3 years back The court awarded her interim maintenance of 10000 Rs per month and 2000 Rs for my child under 125 crpc.  I filed the divorce petition  and  recently court has not given me divorce.

   The 125 Crpc case is on her cross examination stage. she has given her salary slip of 22500 Rs per month and one month bank account statement showing her expendititure.she has also submitted her LIC policy anunual premium paid receipts.

   Now I would like to know what is the meaning of 127 CRPC for stopping her maintenance?  What I mean is, What is advantegous for me, filing 127 CRPC or defending the 125 CRPC case?  

What is the affect of court not granting me divorce on these 2 cases?

Kindly help me so that I can decide about it.

Regards

Manish

 

   



Online certification courses IP, IT and Investment Law


Helping Hand !


Divorce, Domestic Violence, Maintenance/alimony/Conciliation
[ Scorecard : 6035]
Posted On 15 July 2013 at 13:23 Report Abuse

127 you file if you want to lessen alimony awarded.



not as of now


not as of now
[ Scorecard : 138]
Posted On 15 July 2013 at 13:41 Report Abuse

what is 127 ?



Helping Hand !


Divorce, Domestic Violence, Maintenance/alimony/Conciliation
[ Scorecard : 6035]
Posted On 15 July 2013 at 13:50 Report Abuse

Section 127 of the Code of Criminal Procedure, 1973:

"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) .....

(b) .....

(c) .....


(4) ......"


It is noticeable that in sub-sections (1), (2) and (3), the term "Magistrate" is preceded by word "the" from which it can be inferred that section 127 is in continuation of section 125 and refers to the same Magistrate who has awarded maintenance under the said provision. As such, petition for alteration can be filed in the same court which awarded maintenance and cannot be filed before any other court.



Mani123456


Engineer
[ Scorecard : 463]
Posted On 17 July 2013 at 21:44 Report Abuse

Hi,

 If 127 crpc is needed to stop/reduce the maintenance, then what is the meaning of defending 125 crpc? I am defending the 125 crpc maintenance case

though already 10000Rs for wife and 2000 rs per month for my son was given under it when my wife filed the case.

She has put her salary slip showing she is earning 22500 Rs per month and also have produced her LIC receipts.  I am not able to understand why 125 crpc itself is not sufficient to stop her maintenance. She is earning already.  I have been paying school fees+bus + mess+stationary+books charges for my son on actuals directly. So Apart from paying 12000 Rs I have been spending around 8000 Rs permonth extra on my son.   Will judge still give her more money?

My divorce petition have been dismissed recently by the same court.   If judge award her lot of money and do injustice to me then what is the point of my

earning? I do not want to earn for her to snatch my hard earned money. She files 498a and harassed me a lot. And want to extract hell lot of money from me.

Regards




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