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yuvraj (lawyer)     14 August 2012

stay of recovery under section 125 crpc

wife obtained maintenance order of rupees 1500 per month under section 125 crpc on ground of being a destitute and no means of income in year 2003... Husband has till date deposited 15000. Now in year 2011 sub divisional magistrate passed an order that lady(wife) is owner of 18 bighas of land . Now after this the husband filed an application under 127 crpc tht circumstances have changed and thus order under sec 125 be modified.. And during the time trial of application under 127 is concluded., the recovery under 125 crpc be stayed.. Is this ground sufficient for obtaining the stay... Please provide some case laws bcause the magistrate of lower court is afraid of giving stay only bcause he has not come across any such case so far. He seems to b an Incompetant fellow. Please help. Do provide some useful citations or case laws


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