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legaljoe68 (member)     27 July 2010

section 25(2)

the Family court has ordered maintenace under section 125 ,Now my position has changed and lost my job. there is increase in salary of my wife . She has moved court under section125(3) . can I move court under section 25(2) .lplease guide as my lawyer is saying that section 127 is applicable which I feel is not appropriate section . If section 25(2) is applicable than please guide me whether a case is to be filed or simple application should be made with relevant proofs for cancellation of earlier order of giving maintenace of RS 2000/- and alter the same and grant me maintenace as seh is earning RS 6000/- againt which I have proof under RTI .please help


 9 Replies


1. Under S. 125 CrPC if your entire que. relates to this particular Section then a husband can't ask wife to meet maint.

However just curious to know what is this 25 (2) referring to and under which Act / Code ?


legaljoe68 (member)     27 July 2010

sir I may be wrong but I am seeking remedy for alteration of order given under section 125 .( maintenace ) sir which act will apply .please guide

legaljoe68 (member)     28 July 2010

whether this clause applicable if one wants to get the order cancel, modified'

The court if it is satisfied that there is change in circumstances of the either party at any time after it has made the order it may vary,modify , rescind the ......


Your ld. advocate is right. However I still say u can't get maint for yourself under this Section hence solution if u r really incapaciated due to xyz factors then approach Family Court with stand alone S. 24 HMA r/w S. 10 FCA showing cause and evidences as you say you have seek releif there.

legaljoe68 (member)     28 July 2010

resp arun sir please guide me how section 127 will be applicable in my case as my circustances has changed and not my wifes . I may have misinterpreted the section 127 . earlier your goodself has provided citation of dhondiyal vs veena , which is similar to my case . Sir can you favour me with a copy of the said order . My lawyer is confused  as he says that he is going to file application under section 9 and section 127 to counter section 125(3) .


did I
wait let me refer to my previous notes exchanged between us I will reply u now tomorrow

arey brother I am old man I don't recollect old posts once I reply but since u referred dhondiyal vs veena that also u say that I gave them to u then I hv to refer my some notes chi chi chi ....................... old age is a tension :-))))00.



Now I get it (BTW, I didnot refer my old notes with u but giving u reply to this post)

U did not mention S. 125 (3) CrPC issued against you in today's post so how should I dream that she has approached ld. Magistrate for (a) to issue a warrent and (b) to sentence the person also on her Execution petition to recover arrears or payment of maint. 

Now further u are confused with usage of S. 127 (2) CrPC which is the right section you should pray for change in maintenance order.  It is the correct usage here bsed on your briefs as you say in above post that her income has increased and she can only be the applicant (other than minor child and your parents) and you can never be the applicant in a S. 125 CrPC. Now since her income has increased and simultaneously you have no income so what your Ld. Advocate is saying still stands good because u want decrease in interim award based on consideration that she is getting higher income now and you can show your joblessness as a ground.

Now where is the doubt here!. I think you are going by first two lines of S. 127 but this whole Sections Obejct and Reasoning is like that which we can't change for the sake of above presented briefs and no other option exists and I stand for correction here by other Ld. members.

Now I don't remember now why I gave u Dhondiyal's HC Order for that bring me to that post not this one as these two psosts matter are different and kindly donot PM me as I see and reply in main board more than via PM because I also like to be corrected for what I say here for my own education by other ld. members.

Hope above is clear?


adv. rajeev ( rajoo ) (practicing advocate)     28 July 2010

you can apply for cancellation of order in changed circumstances.  Your advocate is right.

legaljoe68 (member)     28 July 2010

thankyou D arun kumar ji and adv rajeev . I will file section 127(2) and let u know about the progress


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