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The Saint (Others)     16 November 2014

Crpc 127 pending and crpc 125 execution

Husband has filed crpc 127 due to change in circumstances. As a response, after that wife has filed crpc 125(3) execution. Can pending crpc 127 be a defense against crpc 125(3) execution?


I have found this order from Bombay High Court.

https://indiankanoon.org/doc/449411/

Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant And ... on 27 July, 1990

please help friends with your suggestions or similar case laws where such a topic is discussed.



Learning

 3 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     16 November 2014

Dear, Execution is for the past maintenance already passed and due done, but 127 is for present circumstances or is it also for the past period since the date of maintenance being filed .... Kapil chandna adv, 9899011450

(Guest)

You will have to pay old balance first.  Or else warrant will be issued and you will be taken into custody.

New account starts from the date of application of change in circumstances application.

Such change in circumstances application should be given to court as and when your income changes, one cannot keep on paying same alimony life long.  

127 application cannot be a cover for not paying past balance in 125 crpc.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     24 September 2016

You had dug out a proper citation what happened next.


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