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Akash Mandal   24 August 2022

Revision of mutual consent final maintenance order.

Experts,

can wife can submitted the revise petition for mutual consent final maintenance order under crpc 127 in family court. 

If any judgement please share..



Learning

 2 Replies

Dr J C Vashista (Advocate)     25 August 2022

She can move the Court u/s 127 Cr PC for revision of maintenance order passed u/s 125 Cr PC.

The plain language of section 127(1) is required to be set out as under.

"Sec. 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."

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD in SPECIAL CRIMINAL APPLICATION No. 47 of 2012 titled HANSABEN RAMJIBHAI PITHWA Versus STATE OF GUJARAT 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH in Criminal Misc.No.M-25184 of 2011 DATE OF DECISION: November 30,2012 in the case titled Raghubir Singh versus Jagdish Kaur alias KanwalJeet Kaur     

Bombay High Court in the case titled RavindraHaribhauKarmarkar vs Mrs. Shaila Ravindra Karmarkar decided on 17 July, 1991 Equivalent citations: 1992 CriLJ 1845

 

1 Like

Akash Mandal   25 August 2022

Thank you sir.

And if wife is hiding her job details from beginning of 125 case to DV case and also not mentioned in Neha Vs Rajneesh affidavit too.also not mentioned the maintenance amount received from 125 crpc in affidavit.

When we put reply under DV 12 to her...after wards she is mentioning in her petition regarding maintenance amount.

What will I do for this above..sir..kindly guide me


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