Nitish Banka

    • 125 CrPc-How to alter the maintainance

    125 CrPc-How to alter the maintenance

    Once the order of maintenance is pronounced under 125 CrPC by the court against the husband than what is the legal recourse the poor husband has? One is to go for revision and already scope of revision is limited and it can only be exercised if some evidence is left which needs to have been appreciated and was not appreciated by the court,  such that other recourse left is alter the maintenance amount by filing a alteration application under 127 CrPC again this application has limited scope.

    These are the circumstances where it would be advisable to go for application under 127 CrPC for alteration of the maintenance amount.

    Retirement of husband.

    Loss of job of Husband

    wife become earning member herself is change in circumstances(PN Manikkuttan Nair V. KR Cirija Amma 2000 Cri LJ 3726)

    Section 127  can also be used to cancellation of maintenance on varied circumstances.

    section 127 can again be used for enhancement of maintenance amount, judicial notice of inflation, resulting in fall in purchasing power of money could be taken as enhancing maintainence.(Dhan Raj V. Kishni)

    Husband cannot avoid to pay enhancement of maintenance on technical plea of not proving actual monthly income.(Bimabadhar Behera V. Smt pratitnamani Behera)

    The change in circumstances is the soul for invoking the provisions of section 127 CrPC and both husband and wife both can invoke the provisions related to alteration of maintenance.

    Adv. Nitish Banka

    9891549997