Queries regarding application filed u/s 127 of crpc by op.

127 is maintainable 

Validity of reasons cited shall be decided by the court, however 50:50

File written statement consisting ground of dismissal

Even though i125 Cr.P.CX i sdismissed as withdrawn Magistrate has powwr to recall tht pertition/order and decide section 127 Cr.P.CHence 127 Cr.P.C is maintainable.Validity  of reasons cited i shall be decided by court.File WS  citing grounds of dismissal.

Dear Quersit,

As application under section 127 is not maintenable, because there is no provision of restoration in Cr.PC.

Even this statement was signed by her authorised lawyer in front of her father so it cannot be said that without her instruction her lawyer withdrawen her case and the second thing is as she is working and able to maintain herself than she is not entitled to get maintenance for herself and third thing is the application under section 127 of Cr.PC can be filed only on proof of change in circumstances, but in your case it seems that there is no change in your circumstances. Hence application under section 127 is not maintenanble and liable to be dismissed.

Even if she is not able to maintain herself, the court cannot pass an order for maintenance of above than one-third of income after consideration of all your expenses, deductions and liablities.

feel free to call 

Originally posted by : Chinese Chef
	Folks,   In October last year, after a long drawn fight of more than 5 years, OP had withdrawn her CrPC 125. It was a compromise on my offer of INR 6500/- as final maintenance.       It is pertinent to mention that when the case was withdrawn, her father had given a statement of compromise along with her lawyer. She wasn't present at the time of withdrawal as she works at a distant city.                  Last week I learned that she moved another application U/s 127 of CrPC for enhancement of maintenance in Jan this year. So, within 5 months, she has asked for enhancement citing change of circumstances.     The reason she has cited is that she does not approve of her father's statement of withdrawing CrPC 125 even though her lawyer signed the statement along with her father. Additionally, INR 6500/- are not sufficient to satiate her needs and she is entitled to half of my salary as maintenance.    I've following queries regarding this: - Is CrPC 127 even maintainable in the wake of the fact that she had withdrawn her CrPC 125 petition (Uncontested - dismissed as withdrawn)? Are the reasons as cited by her even valid? Can I file a dismissal petition instead of a WS?     Kindly advise. Many thanks!

Am sure both dates are different.

Withdrawing 125.

Uploading 127.

Even if she did not gave POA and as it is family matter, judge will allow father to represent daughter, in her absence and accept any petition (here 125 withdrawal petitioin).

Now OP retracts and files 127, which is perfectly legal, as it is given only to show change in circumstances.  Now story continues.

Court will conduct trial of 127.

Pass necessary orders. 

Filing 127 even after withdrawing 125 is perfectly legal.