125 crpc and 127crpc to counter it?

127 you file if you want to lessen alimony awarded.

what is 127 ?

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.

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

Hi Mani , Can you tell what is the status of your case ?

Mani that is high exploitation..