enhancement of maintenance allowance.
9. Section 127 Cr.P.C. provides for alteration of maintenance allowance or interim maintenance allowance on the ground that circumstances ... voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof
initiate
appropriate proceedings and until the original order of
maintenance is modified or cancelled by a higher Court
or is varied or vacated in terms ... initiate appropriate proceedings. But
until the original order for maintenance is
modified or cancelled by a higher Court or is
varied or vacated in terms
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 ... maintenance or interim maintenance, as
the case may be] after her divorce, cancel
the order from the date thereof.
(4) At the time of making
husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof.
9. Now, the contention ... remarries and it gives power to the Court to cancel the order of maintenance from the date of the remarriage. This is again a provision
woman in whose favour maintenance allowance has been provided, has remarried after obtaining divorce such order of maintenance can be cancelled from the date ... voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof
issued Non Bailable Warrant
(NBW) which was neither executed nor cancelled but
adjudicated the maintenance claim
• Learned trial court struck off the defence in incorrect ... cancelled and without canceling it, the
learned trial court proceeded further and disposed of the main
claim for maintenance.
13. In this regard, learned counsel
respondent requiring to cancel the aforesaid settlement deed and
for maintenance. The 2nd respondent after conducting an enquiry declined to
cancel the settlement deed ... absence of a specific condition for providing maintenance to the
transferer could not be cancelled by the authorities concerned who are
acting upon
this Court cannot decide such question of fact
and order for granting maintenance to petitioner No.1.
Therefore, in this regard petitioner ... setting
aside the order of the learned Sessions Judge in
canceling the maintenance granted to petitioner No.2
and for enhancement of monthly maintenance from
Section 125 then lays down that a Magistrate shall cancel the
order of maintenance on a proof of wife living in adultery, or refuses ... Section 127 empowers a Magistrate to alter the allowance
for maintenance or interm maintenance in an appropriate proceeding.
It is pertinent to note that
reasonable and fair provisions and maintenance to be made and paid to the wife within the Idat period, so also Meher, etc. Thus, the learned ... learned Sessions Judge set aside the order of Magistrate totally cancelling the maintenance and restored the same to limited extent as described above
