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