Sanhita.ai

Code of Criminal Procedure

(CRPC)

Alteration in allowance.

Chapter 9: Order For Maintenance Of Wives, Children And Parents

Section: 127

- [(1) On proof of a change in the circumstances of any person, receiving under section 125 a monthly allowance, for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.] [[Substituted by Act 50 of 2001, Section 3, for sub-Section (1) (w.e.f. 24-9-2001). Prior to its substitution, sub-Section (1) read as under :- [(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 increases 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, re-married, cancel such order as from the date of her re-marriage;

(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 or interim maintenance as the case may be,] [Substituted by Act 50 of 2001, Section 3 (w.e.f.24-9-2001).] 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 for the maintenance and interim maintenance or any of them has been ordered] [Substituted by Act 50 of 2001, Section 3 (w.e.f. 24-9-2001).] 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 for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] [Substituted by Act 50 of 2001, Section 3 (w.e.f. 24-9-2001).] the said order.[Substituted by Act 32 of 1988, Section 2, for certain words (w.e.f. 25-5-1988).]

MAHARASHTRA.- In Section 127 of the said Code, -(a) in sub-section (1), in the proviso, for the words "five hundred rupees" the words "fifteen hundred rupees" shall be substituted;(b) in sub-section (4), -(i) for the words "monthly allowance", where they occur for the first time, the words "maintenance allowance" shall be substituted;(ii) after the words "monthly allowance", where they occur for the second time, the words "or, as the case may be, the lump-sum allowance" shall be inserted. [Vide Code of Criminal Procedure (Maharashtra Amendment) Act, 1998 (21 of 1999), Section 3, w.e.f. 20.4.1999].RAJASTHAN.- In its application to the State of Rajasthan, in Section 127, sub-section (1), for the words "five hundred" occurring after the words "the monthly rate of" and before the words "rupees in the whole", substitute "two thousand five hundred". [Rajasthan Act 3 of 2001, Section 3].TRIPURA.- In its application to the State of Tripura, in section 127, sub-section (1), in the proviso, for the words 'five hundred rupees", substitute "one thousand rupees". - Tripura Act 9 of 1999, Section 3, w.e.f. 9.4.1999. [This State amendment was made prior to the enactment of Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001 by which the words "not exceeding five hundred rupees) in the whole" have been omitted (see section2, Cr.P.Code (Amdt.) Act, 2001, w.e.f. 24.9.2001 - Ed.]UTTAR PRADESH.- In its application to the State of Uttar Pradesh, in Section 127, sub-section (1), in the proviso, for the words "five hundred rupees", substitute "five thousand rupees". [Uttar Pradesh Act 36 of 2000, Section 3, w.e.f. 13.8.2001.]WEST BENGAL.- In its application to the State of West Bengal, in section 127, sub-section (1), in the proviso, for the words "five hundred rupees", substitute "one thousand rupees". - West Bengal Act 14 of 1995, Section 2, w.e.f. 2.8.1995. [This State amendment was made prior to the enactment of Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) by which the words "not exceeding five hundred rupees) in the whole" have been omitted (See section 2, Cr.P.Code (Amdt.) Act, 2001, w.e.f. 24.9.2001]

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