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CrPC Section-127 - Alteration in allowance

Description

  • If there is a change in the circumstances of any person receiving or paying a monthly maintenance allowance under Section 125, the Magistrate may alter the amount of maintenance as deemed appropriate.

    • However, any increase in maintenance shall not exceed a total of five hundred rupees per month.
  • If a competent civil court's decision affects an order passed under Section 125, the Magistrate must cancel or vary the order accordingly.

  • If a divorced woman has obtained maintenance under Section 125, the Magistrate shall cancel the order in the following cases:

    • If she has remarried, the cancellation shall take effect from the date of remarriage.
    • If she has been divorced by her husband and has received the full amount payable under customary or personal law, the cancellation shall take effect:
      • From the date of the order, if the sum was paid before the order.
      • From the expiry of the period for which maintenance was paid, if the sum was paid after the order.
    • If she has voluntarily surrendered her rights to maintenance after obtaining a divorce, the cancellation shall take effect from the date of surrender.
  • When a civil court issues a decree for the recovery of maintenance or dowry, it shall consider the amount already received as maintenance or interim maintenance under Section 125 while determining the final payable sum.

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