maintenance cancelled and not to take his wife back and on being so satisfied he declined to cancel the order of maintenance ... decree for restitution of conjugal rights was merely to get the maintenance order cancelled and the criminal court would be competent and indeed, duty bound
which was filed for arrest but he also passed an order cancelling the maintenance order. Of course that order of the Magistrate passed ... earlier application was dismissed and as the earlier application cancelled the maintenance order, the present petition i.e. Crl.M.P. No. 1088
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
judgment of a competent Civil Court does not of itself cancel the maintenance order and that in considering any such application as the present ... merely to get 'the maintenance order cancelled, it will be wrong to cancel the order for maintenance under Section
cancelled or set aside, and that where therefore an order for maintenance was cancelled on the ground of adultery, the effect of the cancellation ... date when the order of maintenance itself was made. On general principles, therefore, where an order of maintenance is cancelled, it must mean as though
amount together with the maintenance and costs ordered by the Court, the order for maintenance was not liable to be cancelled. In support of this ... balance of the Iddat maintenance and the Meher amount, the order for maintenance is liable to be cancelled under Section
before the learned Judicial Magistrate, Eraniel to cancel the maintenance
order in view of Civil Court/District Court, Nagercoil granting her permanent
alimony. The learned ... maintenance order. Of course, he can consider he Civil
Court order and see whether the maintenance order, quantum of it need to be
cancelled, modified
sections were not present the Court had no jurisdiction to cancel the order for maintenance. It is argued that the order of 2nd December ... cancelling or nullifying the order for maintenance and that until such order of maintenance is cancelled or nullified the wife is entitled to claim maintenance
which is extracted below, provided
that the Magistrate could cancel the maintenance in
consequence of a decision of any competent court:
"(2) Where ... words, under the Mahomedan Law the husband
could still get the maintenance cancelled after divorcing
his wife according to personal law if he paid
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
