extent relevant and material that the Magistrate shall cancel the order of maintenance if the wife is divorced by the husband and she has received ... cancel the order of maintenance from the date of remarriage. Under Clause (b), the order of maintenance can be cancelled where the Muslim wife
That it is not necessary for the husband to get the maintenance order cancelled before pleading in the enforcement proceeding that his wife is living ... execution of the order unless and until he got the maintenance order cancelled under Sub-section (5) could not be accepted, as such a construction
respondent in his argument submitted that, the Court
can cancel the maintenance granted by exercising the
power under Section ... force in
their favour, be cancelled, straight away the trial Court
has proceeded to cancel the maintenance showing that it
has invoked its power under
husband under Section 127 of the Code of Criminal
Procedure cancelling the maintenance of Rs.6,000/- per
month awarded by the Family Court, Raichur ... order
dated 31/07/2017 allowed the petition and
canceled the maintenance amount awarded in
Crl.Misc.No.145/2013. The petitioner/wife filed
Sessions
Judge, Bijapur while dismissing the revision petition
has proceeded to cancel the maintenance awarded in
favour of the son. Hence, the present criminal petition ... aside the order passed by the
learned Magistrate and erroneously cancelled the
maintenance awarded in favour of the minor son, which
was impermissible. Therefore, sought
allowed. The maintenance granted to the wife came to be
cancelled while enhancing maintenance granted to the
children from ... passed the
order in Crl.R.P.No.76/2011 and cancelled the maintenance
granted to the wife while enhancing maintenance granted to
the children
Haveri (for
short, hereinafter referred to as 'Family Court'), cancelling
the maintenance to be payable to respondent No.2
(petitioner herein).
3. Having ... petitioner herein is married and therefore, the Family
Court rightly cancelled the maintenance to be payable to
the petitioner herein and therefore, no interference
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 ... 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
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
