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Want to Live (NA)     15 April 2013

127 crpc

Hi,

Does anybody have any  judgements u/s 127 crpc where maintenence get reduced.

Looking for some references deseprately.

 

Thanks & regards 



Learning

 4 Replies

Goutam Prasad (Advocate)     15 April 2013

I have to inform you that the same is so common issue which need not require any precedent.

 

If you can establish in court that you have lost your job or your income has reduced or she began earning, etc. your application for reduction of maintenance will be in your favour.

 

Since, in your query, you have not mentioned exact reason for such application, I can not give you more detailed advice.

 

Goutam Prasad

Advocate

Supreme Court of India

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Want to Live (NA)     15 April 2013

Dear Goutam Sir

Thanks for the reply.

maintenence order passed by family court, now last year i have lost my job (because company business shut down).

i did some odd jobs in between, now i got a less paying job. my wife has filled fresh execution petetion(after 1 year of last execution filled).

one of the esteemed member-helping hand has already advised me that i can file 127 crpc in the same family court & court has power to reduce the maintenence amount, if filled with suported evidences, and wife not willing to come back (means left matrimony house without any sufficient cause).

But my lawyer is telling excatly opposite, he told me that we have to go for appeal in upper court. as family court has passed the final order.  

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 April 2013

Dear Querist

for case law and judgement you shoulkd contact a lawyer, or search through google, indian kanoon, supereme court site, judis.nic.in


(Guest)

The case depends on not just your supporting documents, and your wife's supporting documents.  One main factor is how effective is your lawyer in his pleadings/arguments.  With all the facts which are submitted are right, if your lawyer keeps mum in the court, then just imagine what would be the end result?


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