127 Cr.P.C.
Querist :
Anonymous
(Querist) 16 February 2010
This query is : Resolved
A lady filed a petition u/s. 125 Cr.P.C. against her husband within the jurisdiction of Delhi and an order was passed. Thereafter the lady was shifted to Kolkata. Whether she can file petition u/s. 127 Cr.P.C. for enhancement within the jurisdiction of Kolkata ?
Devajyoti Barman
(Expert) 16 February 2010
Only the court which passes the order under u/s 125 CrPC can entertain application under section 127 of the Code in the context of changed circumstances though there are precedents of allowing the filing fresh application u/s 125 CrPC in the different court under different circumstances.
Guest
(Expert) 16 February 2010
no she cant file an application of section 127 in the jurisdiction of kolkata court
Devajyoti Barman
(Expert) 16 February 2010
I differ with Mr A. Acharya.
The court of concurrent jurisdiction can not alter or modify the order passed by the other court.
In any case in G.Balraj vs.Mallamma ( 1986 crlj 1170)or (1984)2 DMC 232 it has been specifically decided that such petition u/s 127 can be filed only before the court which passed the order of maintenance.
Parveen Kr. Aggarwal
(Expert) 16 February 2010
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.
Guest
(Expert) 17 February 2010
Mr barman i also said that she can't file application of sec 127 crpc before kolkata court in my answer. so we are of same views not differ. thanks
