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Suraj Kumar (Manager)     28 December 2018

125 CRPC

Sir, My wife file maintanance case under section 125 CRPC and lower court order to pay @Rs 3000 per month on 02.01.2018. I have file revision in upper court and upper court pass interim order to pay @ Rs 2000 per month till disposal of the case. Finally on 10.12.2018 upper court dispose the case and ask husband to pay @ Rs 2500 per month. Sir, My wife file execution case. My question is during stay at what rate I have to pay maintanance to wife ? Please refer any judgement.


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 3 Replies

Dr J C Vashista (Advocate)     30 December 2018

What is the advise of your lawyer, you have engaged for contesting the case(s) for you ?

Why do you need second opinoin/ obligation of experts on this platform, except the fact it is available FREE OF COST ?

Have you lost faith in your counsel ? If so, change him/ her immediately. 

Pawan S (Advocate)     31 December 2018

Dear querist, you have to follow the court orders. 

Later point of time, you can go for the alteration. but not now.

These are the circumstances where it would be advisable to go for application under 127 CrPC for alteration of the maintenance amount.

Retirement of husband.

Loss of job of Husband

wife become earning member herself is change in circumstances(PN Manikkuttan Nair V. KR Cirija Amma 2000 Cri LJ 3726)

Section 127  can also be used to cancellation of maintenance on varied circumstances.

Pawan S (Advocate)     31 December 2018

Dear querist, you have to follow the court orders. 

Later point of time, you can go for the alteration. but not now.

These are the circumstances where it would be advisable to go for application under 127 CrPC for alteration of the maintenance amount.

Retirement of husband.

Loss of job of Husband

wife become earning member herself is change in circumstances(PN Manikkuttan Nair V. KR Cirija Amma 2000 Cri LJ 3726)

Section 127  can also be used to cancellation of maintenance on varied circumstances.


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