mother/opposite party No. 1 made an application for
maintenance, dated 31.08.2016 before the Maintenance Tribunal at Tehatta, in
connection with case ... made within five years before the date of
tendering the maintenance application, could be cancelled in view of the deeming
provisions, engrafted in Section
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
option to file a petition before the
court below for cancelling the maintenance order on the
ground that no notice was served upon ... upon consideration of which, the
Family Court was empowered to cancel the maintenance
order, if the petitioner could satisfy the court that no notices
were
16275 & 16276 of 2017
2
set aside the same and cancel the maintenance from the inception
as prayer for.
In both the cases ... sought for maintenance.
The maintenance was ordered. Thereafter, the respondent filed a
petition for enhancement of the maintenance from
Principal Judge, Family Court, Bhojpur, Ara, for
setting aside/cancelling the order of maintenance on the ground
that no notices were validly served upon ... pendency of maintenance case and the
maintenance case was decided ex-parte. As petitioner has
remedy of filing an application for cancelling the maintenance
Patna
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
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
before the trial Court. By order dated
12.04.2010, maintenance @ Rs.1,300/- per month with
effect from 10.06.2008 was awarded to the respondent ... paid the maintenance
as he has filed proceedings for cancelling the maintenance
amount from 30.04.2018 on the ground that petitioner has
attained superannuation
enhancement of the maintenance. He,
therefore, prayed that the order dated 13.4.2010 passed by
the Family Court enhancing the maintenance be cancelled ... therefore, in our opinion committed
serious error in cancelling the order of payment for
enhancing the maintenance from inception. To reiterate,
there was no evidence
enhancement of the maintenance. He,
therefore, prayed that the order dated 13.4.2010 passed by
the Family Court enhancing the maintenance be cancelled ... therefore, in our opinion committed
serious error in cancelling the order of payment for
enhancing the maintenance from inception. To reiterate,
there was no evidence
