living separately by mutual consent, to get the order of maintenance cancelled. Section 125 does not contain a provision prohibiting a wife who is unable ... Section 125 enables a husband to get an order of maintenance cancelled, if he could adduce evidence and prove that the wife in whose favour
order for maintenance has been passed is the wife, and if she has not remained chaste, the order for maintenance shall be cancelled.
20. These ... circumstance which will entitle the husband to have the award of maintenance cancelled under Section 25(3) of the Act, is requested by the learned
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 ... with the application, and proceeded separately under Section 127(3) to cancel the maintenance by appropriate proceeding or order. The effect of the view indicated
object in getting the decree was merely to get the maintenance order cancelled, the court will be justified in refusing to cancel the order ... decree for restitution of conjugal rights is to get the maintenance order cancelled, the Magistrate may refuse to act upon the decree
continues to be a wife for the purpose of getting maintenance under Section 125 of the 1973 Code. In these circumstances the High Court ... words, under the Mahomedan law the husband could still get the maintenance cancelled after divorcing his wife according to personal law if he paid
order that was passed. The Family Court
could not have cancelled the order granting
maintenance to the 1st revision petitioner in her
application filed ... Thus the impugned order
passed by the Family Court cancelling the
maintenance amount to the 1st revision petitioner
is erroneous and liable
Code
of Criminal Procedure (for short 'the Code'), cancelling award
of monthly maintenance of `1,500/- already granted to her on
a former ... herein filed M.C.17/2015 on 21.1.2015, seeking to
cancel the award of maintenance in M.C.202/2008 on the
ground that
respondent obtained the job on 23.01.2015,
and the Family Court cancelled the maintenance order only with
effect from 07.12.2017. Hence, this revision petition.
2. Heard ... stated above the petitioner is
entitled to get an order for cancelling the
maintenance order passed in Ext.P1 order from the
date
Code of Criminal Procedure seeking an
order to modify and cancel the maintenance awarded under Section 125 of the
Code of Criminal Procedure in favour ... Court had correctly rejected the plea of the revision petitioner and
cancelling the maintenance order with effect from 02-09-2010, on the date
children/respondents to reduce and cancel the
maintenance awarded.
3. The claimant/father examined himself as PW1. Exts.A1 to A6
were marked ... that the prayer to cancel the maintenance cannot be
favourably entertained.
5. Laborious arguments have been advanced by the counsel
