Section127
sasha
(Querist) 04 May 2013
This query is : Resolved
I hav been granted maintenance under section 125 crpc of 30,000 rupees per month .i hav two children with me .my husband is a merchant navy captain.he gave me money for eight months .rest of the maintenance of 22 months is pending.he was not taking summons nd warrants were issued against him.
Now to save his skin he's put up a case of section 127 of change of circumstances.he now says that he's working as a councillor nd now his salary is just 15,000 rupees.whereas as a captain he was drawing a salary of 3,40,000 rupees per month.
A case of 498 a has been registered against him.in bail appl to show that he's given me more money than dowry given by us he's presented all his bank statements ,that I hav taken out more than crore from all his accounts.
I hav put a revision of enhancement in session court.
My qus is
1) is it possible that my maintenance will b reduced( I am not earning anything)
2) is it possible that he could stop execution of payment under section 128 ,which is due on the same date of hearing of section 127.
Advocate M.Bhadra
(Expert) 04 May 2013
Please note the the following:--
1) it may be reduced if your husband can prove that his earning Rs.15000/-per month,otherwise not possible.
2)no, it can not be stay generally.
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 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.";]
128. Enforcement of order of maintenance.- A copy of the order of *[maintenance or interim maintenance and expenses of proceeding, as the case may be] shall be given without payment to the person in whose favour it is made, or to hi s guardian, if any, or to the person to *[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be ] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the *[allowance or as the case may be expenses, due].
* [Modified by Code of Criminal Procedure Amendment Act, 2001
Nadeem Qureshi
(Expert) 05 May 2013
Dear Querist
as per you query my opinion is mention below
1) is it possible that my maintenance will b reduced( I am not earning anything)
Opinion: Yes it can be, it's depend on the court.
2) is it possible that he could stop execution of payment under section 128 ,which is due on the same date of hearing of section 127.
Opinion: Yes, the execution petition may be stayed till the final disposal of this application.
Devajyoti Barman
(Expert) 05 May 2013
1. Under section 127 crpc the amount may be revised or increased in changed circumstances. In your case, since there is drastic drop in his income, I do not think the court is likely to believe this story so easily. Engage a good advocate.
2.No, he is bound to clear the arrears amount on the previous rate of maintenance.
prabhakar singh
(Expert) 05 May 2013
There is no direct judgement on section 127 Cr.P.c. but in CRIMINAL APPEAL No. 879 OF 2009
[Arising out of SLP(Crl.) No.7503 of 2008]
BHUSHAN KUMAR MEEN
Versus
MANSI MEEN @ HARPREET KAUR
WITH
SLP(Crl.)No.7924 of 2008
which was against grant of interim maintenance under s.125.The sum granted 10k
confirmed by session and high court was reduced to 5k by supreme court as take home salary was only 9k.
Raj Kumar Makkad
(Expert) 05 May 2013
The amount can definitely be reduced in the given facts.
