EFFECT OF AMENDMENT IN 125 Cr.P.C.
Arvind Singh Chauhan
(Querist) 24 March 2010
This query is : Resolved
Sir my client was odered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- In Uttarakhand. My client's wife has applied to court for enhancement for Rs 2000/-.
Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which may be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act.
Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.
Devajyoti Barman
(Expert) 02 November 2010
There is no provision for amendment of petition. But you could do so by filing petition u/s127 crpc.