Close maintenance awarded under 125 of crpc
SANKET UPADHYAY
(Querist) 18 March 2014
This query is : Resolved
DEAR SIR,
IN THIS CASE COURT HAS ORDERED OF MAINTENANCE UNDER 125 OF CRPC AGAINST HER HUSBAND. NOW APPLICANT OF SAID CASE HAS FILED RECOVERY APPLICATION OF ORDERED AMOUNT.
DURING HEARING OF RECOVERY APPLICATION APPLICANT(WIFE) AGREE TO LIVE WITH HER HUSBAND.MY QUESTION IS THAT HOW CAN DISMISS THE ORDER GIVEN BY MAGISTRATE UNDER 125 OF CRPC.
Nadeem Qureshi
(Expert) 18 March 2014
Dear Querist
read section 127 of Cr.P.C
127. Alteration in allowance.
(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(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 by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance 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 a monthly allowance 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 as monthly allowance in pursuance of the said order.
ajay sethi
(Expert) 18 March 2014
since wife has agreed to stay with husband order of maintenance can be modified
SANKET UPADHYAY
(Querist) 18 March 2014
dear sir, can court cancel the maintenance order it self on above mention situation?? when she is agree to live with her husband,there is no question of maintenance.
V R SHROFF
(Expert) 18 March 2014
Advocate SU saab,
First let wife start living together with husband,
Thereafter you ask wife to withdraw 125; inclu recovery procedure:Filing her Affidavit of living together with her Hus,,, : over
Rajendra K Goyal
(Expert) 18 March 2014
Well advised. Agree with the expert VR Shroff sir.
