Crpc 125 and u/s 9
Naresh Sakpal
(Querist) 23 May 2012
This query is : Resolved
Dear Sir,
125 case done by my wife and u/s 9 done by me.
I left my old job and had new less salary job which docs i produced in court then also court ordered big amt of interim maint. more than my salary. 1) I paid some money but I cant paid any more what to do ?
2) In 125 crpc she admitted that she left the house herself with children and will not return after I ready to keep her at my res where I was living. But she only wants to come back unless I baught a new home in another place in her and childrens name only. in this case is her case 125 the court will order to pay maint. as it is I am from begining ready to keep her at my home. Never said no to her. What is the result of this case 125.
and How do I stop to pay maint, in u/s 9.
Nadeem Qureshi
(Expert) 23 May 2012
Dear Naresh
youcan file an application before the court u/s 127 of Cr.PC:
127. Alteration in allowance.
1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.]
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent civil court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-
(a) the woman has, after the date of such divorce, remarried; cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order-
(i) In the case where such sum was paid before such order, from the date on which such order was made,
(ii) In any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2[maintenance or interim maintenance, as the case may be] after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom 3[ monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid under section 125, the civil court shall take into account the sum which has been paid to, or recovered by, such person 4[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.
1. Subs. by Act 50 of 2001, sec. 3, for sub-section (1) (w.e.f. 24-9-2001).
2. Subs. by Act 50 of 2001, sec. 3, for "maintenance" (w.e.f. 24-9-2001).
3. Subs. by Act 50 of 2001, sec. 3, for " monthly allowance has been ordered" (w.e.f. 24-9-2001).
4. Subs. by Act 50 of 2001, sec. 3, for "as monthly allowance in pursuance of" (w.e.f. 24-9-2001).
STATE AMENDMENT
Maharashtra: In section 127,-
(a) in sub-section (1), in the proviso, for the words " five hundred rupees" the words "fifteen hundred rupees" shall be substituted;
(b) in sub-section (4),-
(i) for the words "monthly allowance", where they occur for the first time, the words "maintenance allowance" shall be substituted;
(ii) after the words "monthly allowance", where they occur for the second time the words "or, as the case may be, the lump-sum allowance" shall be inserted.
[Vide, Maharashtra Act 21 of 1999, sec. 3 (w.e.f.20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure ( Amendment) Act, 2001 (Central Act 50 of 2001) sec. 3 (w.e.f. 24-9-2001)].
Tripura: In section 127, in the proviso to sub-section (1), for the words "five hundred rupees", the words " one thousand five hundred rupees" shall be substituted.
[ Vide Tripura Act 9 of 1999, sec. 3 (w.e.f. 9-4-1999) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f.24-9-2001)]
West Bengal:
In section 127, in the proviso to sub-section (1), for the words "five hundred rupees" the words "one thousand and five hundred rupees" shall be substituted.
[Vide West Bengal Act 14 of 1995, sec. 2 (w.e.f. 2-8-1995) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by section 2 (w.e.f. 24-9-2001)].
Feel free to call
V R SHROFF
(Expert) 24 May 2012
Agreed with Nadeem to get immediate relief from higher mtn.
""But she only wants to come back unless I baught a new home in another place in her and childrens name only"" What evidence u have?? If u prove it, she cannot get any mtn.
Shonee Kapoor
(Expert) 31 May 2012
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
