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8. Per contra, learned counsel for the respondent in his argument submitted that, the Court can cancel the maintenance granted by exercising the power under Section 127(2) Cr.P.C., as such, the impugned order sustains.

9. Section 128 Cr.P.C. reads as below:

"128. Enforcement of order of maintenance.

A copy of the order of maintenance or interim maintenance and expenses of proceeding, as the case may be 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 for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be 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 or as the case may be expenses, due."

Section 127(2) Cr.P.C. reads as below:

"127. Alteration in allowance.

(1) xxxxxx (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) xxxxxx (4) xxxxxx"

10. Admittedly, in the instant case, the order awarding maintenance in Criminal Misc. No.126/2006 has not been challenged till date. The petitioners in Criminal Misc.No.67/2011 had only sought for arrears of maintenance by filing a petition under Section 128 Cr.P.C. In such a proceeding, the trial Court ought not to have proceeded to exercise its power under Section 127(2) Cr.P.C, in the absence of any specific application or request made invoking the said provision of law and in the absence of any opportunity being given to the petitioner, who would be aggrieved by passing any order under Section 127(2) Cr.P.C. Whereas, in the instant case, without there being any specific request made under Section 127(2) Cr.P.C. for cancellation of the order of maintenance and also without giving any opportunity to the petitioners and hearing them as to why the order of maintenance, which was in force in their favour, be cancelled, straight away the trial Court has proceeded to cancel the maintenance showing that it has invoked its power under Section 127(2) Cr.P.C.