Crpc 127
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
A file mainatnce application before 6 years ago, court passed order permonth 1000 rs, maintaince in year 2008, B husband not pay maintaince regularly, and A wife file recovery application u/s 125(3) every year, now the 1000 rs, permonth maintaince is not enough in this current time, b.coz A wife leaving in Ahmedabd metro city, and in current time situtation gas bottle 500 rs permonth, than others commodities like provision, light bill, vegetable fruits, medecine, garments expense, traveling, how can A live her life in 1000 rs, per month which also not paying in regularly, so what is leagle remedy for A? she wants to file increment in maintaince u/s 127 but she cant find income evidence of her husband, what she can do in this position? any supreme court authority which is helping A?
Devajyoti Barman
(Expert) 20 December 2011
When there is no ambiguity in the statute and the statute specifically provides the relief asked for your client u/s 127 crpc, there is no requirement of any citation.
Rather concentrate on change of circumstances so you can get the enhanced amount.
Raj Kumar Makkad
(Expert) 20 December 2011
As the standard of life and inflation has grown day by day, the wife is fully entitled to file the desired application under the provisions of section 127 criminal procedure code even without need of any citation, however those are plenty.
Shonee Kapoor
(Expert) 20 December 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 20 December 2011
Nor any citation nor the cost of vegetables or gas etc., rather proof of income of husband can be of any help in getting enhancement of the maintenance. Even courts may not agree for disproportionate allowance, if husband's income is not proved to be adequate for enhancement of maintenance allowance. So, better depend upon solid proof rather than on extraneous matters.
As such, if he is an employee better ask for the information from his employer or get orders of the court for the employer to submit proof of salary paid to the husband. You can also take help from friends, relatives and co-workers of the husband to get appropriate information.
