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Discussion > Family Law > Maintenance > Is section 127 crpc prospective or retrospective in nature?   Unanswered Threads Post New Topic

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There are 7 Replies to this message


Rahul


Engineer
[ Scorecard : 195]
Posted On 02 September 2013 at 19:05 Report Abuse

Hello Experts,

Being husband i had moved the application u/s 127 CrPC against the 125 CrPC Interim Orders. 

I just want to know about the nature of this order u/s 127 CrPC. Like the order in this section 127 CrPC is

Prospecive (Date of Order) or Retrospective in Nature (Date of Application)?

 

Any citation for same being Retrospective in favor of applicant/husband will be of great help ...



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Tajobsindia


Senior Partner
[ Scorecard : 19567]
Posted On 02 September 2013 at 19:30 Report Abuse

1.    The Order directing the enhancement or reduction of maintenance amount can stand only from the date of the Order and not from the date of the Application.   

Observation:-
Already replied under Criminal Laws forum. Suggest to put same query under Civil Laws and Expert sections too!



Member (Account Deleted)


Consultant
[ Scorecard : 121]
Posted On 02 September 2013 at 21:50 Report Abuse

Any change in any Act/Laws/order which is of such a nature that is disadvantageous or punitive to either of the concerning parties always comes into picture with prospective effect.Thus when maintenance originally granted,it can be either from date of order or date of application as it referred to natural justice,but any change which shall be obviously affect either of them shall always be prospective.



Member (Account Deleted)


Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)
[ Scorecard : 5170]
Posted On 02 September 2013 at 21:58 Report Abuse

Dear Rahul,

unlike 125 crpc maintenance which may stand from either on date of application or may be from date of order,the 127 crpc under change of financial status to reduce/increase maintenance stands only from date of order. You may search the citations from Indiankanoon.com

 

regards,



Rahul


Engineer
[ Scorecard : 195]
Posted On 03 September 2013 at 00:31 Report Abuse

Dear Sufferer & other Members,

Thanks a lot for your replies.

As a litigant & a harrassed person of Dowry Law. My financial situation was changed in year 2010 & i submitted application in year 2011.

Now its 2013 & pleadings are already complete in 127. Still MM has asked for Evidence & Witness stage for both 127 & 125 case and in the

meanwhile the petitioner wife had moved the Transfer petition in ACMM court to just change the MM in the same district court by making false

allegations against MM as a delay tactics to avoid her Cross Examination & make more 125(3) Executions.

 

Now suppose the 127 order takes 2 more months then the don't you Legal system is slow in deciding the case as its already 2 years of 127 application.

It will be huge arrears as wife by misleading the court had achieved 25000 per month as a interim maintenanace & for same 340 is already filed.

 

How to get this matter solved Expediatously (fastly)?????



Munirathnam


Scientist
[ Scorecard : 894]
Posted On 04 September 2013 at 10:38 Report Abuse

Dear All,

 

Wife supressed the facts of Job and other earning sources from Husband and court to get the favorable order from the court in CrPC-125 case. Later on the husband got evidence in support of such supression of facts on the earnings of the Wife. NOW what is the remeday available to the Husband for not to pay the EAARIERS amount (which is pending before the court) in CrPC-125 Case .....

 

Seems Section 127 of CrPC do not works for the eariers amount ..... but may work good from the date of Order .....

What is the Remedy to the Husband to protect in not paying the eariers amount.....



Rahul


Engineer
[ Scorecard : 195]
Posted On 04 September 2013 at 11:18 Report Abuse

@Munirathnam

 

As per my understanding if Hon'ble Judge cancels the Previous order u/s 125(2) then i think arrears can be void as previous order is not sustainble.

 

 



Munirathnam


Scientist
[ Scorecard : 894]
Posted On 04 September 2013 at 11:37 Report Abuse

I do not think so beacuse:

 

Say Interim/Final order is passed on 01/01/2010 .... husband di dnot pay amount till 01/12/2010 .... hence wife filed petition U/s 125(3) of CrPC on 02/12/2010 ....

Then wife joins job on 03/12/2010 .... then husband files petition U/s 127 of CrPC on 04/12/2010.

 

If court passes order on 24/12/2010 and cancels the Interim/Final Order then how could husbnad can say the wife is not entitled to get eariers from 01/01/2010 to 01/12/2010. .....?




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