Want to file crpc 127

Tulsi (Querist) 03 July 2017 This query is : Resolved
My husband has marital affair and leaved me with my 18 months daughter. We are living with my parents.
I have filed cr pc 125 under which court has ordered rs 1500 only for maintenance which is not sufficient for survival for me and my daughter, and my husband is working in private company at the reputed post and getting a salary of Rs 60000 p/m.
I want to file cr pc 127 but my lawyer said it can be filed only on the date of hearing of crpc 125 as it is the first hearing. The hearing date is too far.
Pls advice

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Rajendra K Goyal (Expert) 03 July 2017
have faith in your lawyer, in case of need show case file and have second opinion from another lawyer.

Advocate Suneel Moudgil (Expert) 03 July 2017
is it you who want to file 127 or your lawyer suggest you to file 127?

Advocate Suneel Moudgil (Expert) 03 July 2017
have faith in your lawyer, as said by Expert Mr Goyal, else think for another option

Tulsi (Querist) 04 July 2017
Hello mr. Suneel..sir I got to know from one of friend that there is a option to amend the maintenance through crpc 127.. When i asked to my lawyer than he replied that at the time of hearing date it is possible..just wanted to know can't we file before the hearing?

Rajendra K Goyal (Expert) 04 July 2017
Your lawyer seem to have advised you on right track.

Dr J C Vashista (Expert) 05 July 2017
Petition under section 127 can be filed by either of the parties for alteration or modification of an order/judgement i.e., after passing an order/judgement (final).
I presume your case is still going on and not yet finalised, isn't it? If so, your lawyer may be requested to submit all relevant documents of your husband in your evidence and final arguments for consideration by the Court and pass an order accordingly.
From the statement made in your query it reveals that the court has passed interim maintenance @ Rs. 1500/- per month wherein final order is to follow.

Tulsi (Querist) 05 July 2017
Yes Mr Vashista, it is interim maintenace and the first hearing is on november. But we are facing too much trouble because of the financial crises.