Nbws in crpc125
Querist :
Anonymous
(Querist) 03 August 2022
This query is : Resolved
My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually.
T. Kalaiselvan, Advocate
(Expert) 26 May 2024
Filing a revision petition at this stage stage when he had already accepted the orders and had been paying the amount is not maintainable.
He can file a petition before the same court for modification of the order based on the change in circumstances.
