SECTION 127 CrPC - Code of Criminal Procedure - Alteration in allowance

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(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 of 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, 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

STATE AMENDMENT

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 Maharashtra Act, 21 of 1999 sec 3 (wef 20-4-1999)

Tripura:

In the principal Act, in proviso to sub-section (1) of section 127, for the words "five hundred rupees", the words "one thousand five hundred rupees" shall be substituted

[Vide Tripura Act 9 of 1999 sec 3 (wef 9-4-1999)]

West Bengal:

In the proviso to sub-section (1) of section 127, for the words "five hundred rupees" the words "one thousand and five hundred rupees" shall be substituted

[Vide WB Act 14 of 1995, sec 2 (wef 2-8-1995) ]

Comments

Under section 127 (1) of the Code the magistrate is bound to give effect to an order of a competent civil Court and vary or cancel the order for maintenance made under section 125 of the Code; Hem Raj v Urmila Devi, (1997) 2 Crimes 561 (HP)

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