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Want to Live (NA)     25 May 2013

Execution petition in 125 crpc

1-wife filed 125 crpc in May-11, Final order passed u/s 125 crpc in aprl-12.

2-wife filed execution in aprl-12 for 10 months(May-11 to aprl-12).

3-Wife has filed fresh execution in Aprl-13 & I filled objection & 127 crpc against her fresh execution petition for alteration of maintenance amount . if 127 crpc decesion comes in my fovour than it will be effective from from aprl-12, the month from second exectution period starts or what????

 

Regards

Sunil



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 May 2013

It is the discretion of the court  and will be stated in the judgment itself. If the court decreases the maintainance amount or cancels it under change in circumstances then, it will be most probably from the date of order.


(Guest)

You will have to pay for the maintenance which has been approved by the court. There is no stay order on the original order of Section 125 Cr.P.C. This maintenance has to be paid from the date of application or as mentioned in the order. You will have to pay this maintenance till the time this order is set aside by a superior court.

Your wife has filed a Petition U/S 127 Cr.P.C. The court will pass an appropriate order. Then also you will have to pay from the date of application unless it is mentioned in the order that the increased / decreased maintenace has to be paid from the date of order.


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