What is Alteration in allowance? What is Enforcement of order of maintenance? Section 127 and 128 of Code of Criminal Procedure 1973

 

 

Alteration in allowance and Enforcement of order of maintenance are defined under Section 127 and 128 of CRPC 1973. Provisions under these sections are:

 

 Section 127 of CRPC "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 the case may be, the Magistrate may make such alteration in the allowance as he thinks fit:
Provided that if he increase 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 to 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.

Section 128 of CRPC "Enforcement of order of maintenance"

A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance 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 due.

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

What is Order for maintenance of wives, children and parents? Section 125 of Code of Criminal Procedure 1973

What Alteration in allowance? What is Enforcement of order of maintenance? Section 127 and 128 of Code of Criminal Procedure 1973

MAINTENANCE OF PUBLIC ORDER AND TRANQUILITY
What Dispersal of assembly by use of civil force? What is Use of armed forces to disperse assembly? Section 129 and 130 of Code of Criminal Procedure 1973

What is Power of certain armed force officers to disperse assembly? What is Protection against prosecution for acts done under preceding sections? Section 131 and 132 of Code of Criminal Procedure 1973

What is Conditional order for removal of nuisance? Section 133 of Code of Criminal Procedure 1973

What is Service or notification of order? Person to whom order is addressed to obey or show cause? What is the consequences of his failing to do so? Section 134, 135 and 136 of Code of Criminal Procedure 1973

What is Procedure where existence of public right is denied? Procedure where he appears to show cause? Power of Magistrate to direct local investigation and examination of an expert? Section 137, 138 and 139 of Code of Criminal Procedure 1973

What is Power of Magistrate to furnish written instructions, etc? What are the procedure on order being made absolute and consequences of disobedience? What is injunction pending inquiry? Section 140, 141 and 142 of Code of Criminal Procedure 1973

What is Magistrate may prohibit repetition or continuance of public nuisance? Power to issue order in urgent cases of nuisance or apprehended danger? Section 143 and 144 of Code of Criminal Procedure 1973

 
 

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