automatically deprive her of the maintenance, for the order of maintenance once passed stands good until it has been cancelled."
27. In a decision ... disallow the prior allowed maintenance and that the maintenance order stands good until it is cancelled.
39. A perusal of the reasoning adopted by Dixit
husband only grants him a right to get the order of maintenance cancelled.
16. Considering the facts and circumstances of the case ... Section 127 Cr.P.C. to get the order of maintenance varied or cancelled according to the change of circumstances and reasons. However, by making
Chandrapal Singh vs State Of U.P. And Another on 3 November, 2023
Author: Pritinker
divorce, if made out, would not justify him in cancelling the order of maintenance under the penultimate paragraph of Section 488. The paragraph sets forth ... grounds upon proof of which a Magistrate is authorized to cancel an order of maintenance passed in favour of a wife, and divorce
receivable by a wife by way of maintenance including arrears of maintenance. So that the effect of Clauses (3) and (4) together is that ... automatically deprive her of the maintenance, for the order of maintenance once passed stands good until it has been cancelled."
The same view
correct to say that the Magistrate is bound to cancel the maintenance order made in favour of the wife under Section 488 because a civil ... would not be justified in surrendering his own discretion and cancelling the order for maintenance under Section 489 (2) simply because the husband was armed
under Section 127 , Cr.P.C., whereby the Family Court has cancelled the maintenance awarded to the revisionist under Section
Sessions Judge with the recommendation that the maintenance order passed under Sub-section (1) should be cancelled with complete retrospective-effect.
2. Under Section ... cancel the order retrospectively. The sub-section simply empowers him to cancel the order, obviously leaving it at his discretion to cancel it retrospectively
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
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
