127 cr.p.c

Vishal jain (Querist) 31 August 2018 This query is : Resolved
hello..

i am wife, married since 11 years. I filed 125 Cr.PC for maintenance. The matter sent at Mediation Center.

At Mediation in court.. the mediator(counselor) wrote Rs.10,000/- fixed for Maintenance till the divorce/498a petition(s) are disposed off, where both husband & wife signed.

Now, Due to change in circumstances, I filed 127 Cr.PC for enhance of maintenance.
But the court told me that the application will going to be dismissed because you have signed at Rs.10,000/- in mediation center.

Plz suggest, whether my application U/s 127 Cr.PC in maintainable or not.
If so.. plz suggest me some judgment to support my view.

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KISHAN DUTT KALASKAR (Expert) 31 August 2018
Dear Madam,
In view of unconditional consent till disposal of divorce/498a petitions you are entitled for only Rs.10,000/- per month. The magistrate is correct.

Dr J C Vashista (Expert) 01 September 2018
When was the amount of Rs. 10K fixed by the Court (not mediation)?
What are the circumstances which has been changed since then (fixation of 10K)? Any evidence for changed circumstances?
Why the judge (Magistrate) is reluctant to accept the application u/s 127 Cr PC?
However, no doubt for the application u/s 127 Cr PC is maintainable if there are changed circumstances and you can prove it.
Consult a local prudent senior lawyer for proper appreciation of

Guest (Expert) 01 September 2018
Purely a hypothetical academic query!

Quite surprising, if a BOY (Vishal Jain) was married as a WIFE of some girl or even with some other boy, and if HE, as a wife was granted interim maintenance also

Vijay Raj Mahajan (Expert) 01 September 2018
Application under section 127 CrPC has to be decided independent to what was agreed by both parties in Mediation.
Change of circumstances must have been pleaded by the applicant wife and she has to show and prove in satisfaction of the court to get favorable order otherwise her application will be dismissed.