As per Section 127 of CrPC (Alteration in Allowance),
(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-
(i) in the case where, such sum was paid before such order, from the date on Which such order was made,
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband by the woman;
(c) the woman has obtained a divorce from her 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 of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance in pursuance of the said order.
Sample format of Application under Section 127(1) of Code of Criminal Procedure, 1973 for alteration of allowance is given below:
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MR. H_________ APPLICANT
VERSUS
MRS. W __________
RESPONDENT
APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________
MOST RESPECTFULLY SHOWETH:
The Applicant, above named submits as under:
1. That the Applicant is Husband of the Respondent.
2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________.
2. That the and the Respondent have been living separately since ___________.
3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________.
4. That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1.
5. That the Applicant has been paying the interim maintenance to the Respondent
and has been abiding with order of this court.
6. That the Applicant submits that with the reference arrears, the sum has been
paid in 4 installments. Proof for payment of arrears is attached herewith and
marked as Annexure P2.
7. That the Applicant has a pre-existing liability of Home Loan from
(______Bank) for a contingent property in New Delhi at (_______ Address), prior
to the marriage. Copy of the loan installment schedule is attached herewith and
marked as Annexure P2.
8. That the Applicant now has lost job and is searching for a suitable job
for lost 3 months. That petitioner is under deep mental and financial stress
due to this sudden and unfortunate turn of events.
9. That the material change in circumstances has occurred which give the
justification and ground for filing the present application and in these
circumstances, principle of natural justice, equity, good conscience, fair
trial and fair play in action demand that the material facts should be
considered and appreciated while adjudicating upon the application for
interim maintenance u/s 125(3) of CrPC to meet the end of justice and the
order dated _________ may be varied, modified and reversed.
10. That the respondent has got a job with _______ as __________3 months
back and she is getting a salary of Rs. __________. Proof of employment of
Respondent is attached herewith and marked as Annexure P2.
11. That the Applicant is finding it extremely difficult to make both his
ends meet since he now has huge burden of liability which needs to remitted
to the financial institutions and also to the respondent and it is a double
burden for him, apart from managing his own financial liability.
12. That the Applicant submits that he is ready to pay the amount of
maintenance as would be calculated and decided as a result of the arguments
for interim maintenance and craves a stay on the interim order which was
passed in favor of the respondent.
13. That the payment of interim maintenance would lead the petitioner to
face grave injustice and financial hardships since he would be under a
double burden to pay to the financial institutions and to the respondent.
14. That the continuation of order dated _____ may cause grave prejudice to
the interest of petitioner.
15. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:
P R A Y E R
That the Petitioner, therefore, prays:
a) this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.; and
b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.
APPLICANT
THROUGH
______________., Advocate
Place :
Date :
VERIFICATION
I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs
____ to Para No __________ of the Petition is true to my own knowledge and that
whatever contained in paragraphs No _____ to Para No ________ is based on
information received and believed to be true to me.
Signed and verified this _______ day of _______ 20 _______ at _______
PETITIONER
IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________
CASE NO. __________ OF 20__
IN THE MATTER OF:
MR. H_________ PETITIONER
VERSUS
MRS. W __________ RESPONDENT
AFFIDAVIT
I, Mr. _______________ aged _________ years, Occupation _______ the
Petitioner do solemnly affirm and say as follows:
1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case.
2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.
3. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.
4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.
Signed at ___________ this ___________ day of ___________20__
DEPONENT
VERIFICATION
I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20 _______ at _______
DEPONENT
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