Chandrapal Singh vs State Of U.P. And Another on 3 November, 2023
Author: Pritinker
basis of the said
declaration the learned Magistrate had rightly cancelled the maintenance
granted to the present respondent. However, the learned Revisional Court ... Kamrup in Case No.20M/07 by which the order of maintenance was
cancelled.
21. So, the only claim of the present petitioner is that
service of notice and that the order
of maintenance stands cancelled from the date of the order.
6. Being dissatisfied with the order dated ... order of maintenance, the petitioner filed another maintenance
case being Misc. Case No.271 of 2006 and obtained an order of
maintenance
Petitioner filed
Cr.M.P.Sr.No.605 of 2023 for cancelling the maintenance. This petition
was returned on 13.04.2023 for the reason that already ... filed by the petitioner under Section 127 Cr.P.C. for cancelling the
maintenance, under change of circumstances, cannot be returned.
Petitioner has taken certain
Petitioner filed
Cr.M.P.Sr.No.605 of 2023 for cancelling the maintenance. This petition
was returned on 13.04.2023 for the reason that already ... filed by the petitioner under Section 127 Cr.P.C. for cancelling the
maintenance, under change of circumstances, cannot be returned.
Petitioner has taken certain
rejected the application under Section 151 of CPC for
cancelling the interim maintenance/alimony; against which, the present petition
has been preferred.
Learned counsel ... should had allowed the application and should had
cancelled the order of interim maintenance.
It was further argued that Sub-Section (3) of Section
would be liable to be treated as cancelled as per
the provisions of Section 23 of the Maintenance and Welfare of Parents and
Senior Citizens ... then this
Deed regarding change of ownership shall be treated as cancelled under
Maintenance and Welfare of Parents and Senior Citizenship
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 ... entitled to claim maintenance
from the husband. So the payment of maintenance to the wife can be cancelled
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 ... divorced wife if she has voluntarily surrendered
her rights to maintenance or interim maintenance
as the case may be.
16. In the above circumstances, Family
Abdullah ... Petitioner
Vs.
1.The Revenue Divisional Office cum Notified Tribunal,
(The Maintenance and Welfare of Parents, Senior Citizens Act
2007), Pudukottai,
Pudukkttai District ... dated 22.12.2017 in favour of the
petitioner. At his instance, the maintenance tribunal cancelled the settlement
deed vide order dated 17.06.2022. Challenging the same