Krishna 07 August 2022

NBWs CRPC 125

My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually

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Quick Summary

This discussion addresses a situation where a father is facing Non-Bailable Warrants (NBWs) due to pending educational arrears for his child, despite paying regular maintenance. The core issue is the discrepancy between his income and the child's school fees. Advice is sought on whether to file a modification order under Section 127 CrPC retrospectively or approach the High Court for revision of an interim maintenance order.