Dec 30, 2017
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Procedure, Alteration and Enforcement of maintenance order

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Procedure, Alteration and Enforcement of maintenance order

Procedure

Proceedings initiated against any person in any district where he or his wife resides, or his last residence with his wife or with the mother of the illegitimate child.

Collection of evidence carried out in presence of the person against whom order passed for payment of maintenance.  When such person is not present then in front of his pleader. Record in manner prescribed in summon-case.

Provided that if the Magistrate satisfied that the person against whom an order for payment of maintenance made willfully avoiding service, or willfully neglecting to attend the Court. The Magistrate determine the case ex-parte and also pass order. If any application made to set aside the order, then magistrate will examine it. If magistrate satisfied that reason in the application is in good faith. Application made within three months from the date of passing order. The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

Alteration in allowance

Section says about Alteration in monthly allowance for the maintenance or interim maintenance to his wife, child, father or mother. The Magistrate order such alteration if such person has change in the circumstance and also as he thinks fit.  Provided that if he also increases the allowance, the monthly rate of five hundred rupees in the whole not exceeded.

If Magistrate feels that any order made by him should cancelled or also varied, then he cancels it. Its only cancelled if it seems effecting any decision of civil court.

Any order made under section 125 in favour of a woman, the Magistrate cancels the order , if he  satisfied that-

  1. the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
  2. the woman divorced by her husband. She has received, before or after the date of order, the whole of the sum was payable on such divorce, cancel such order-
    1. in the case where such sum paid before order
    2. in any other case, from the date of expiry of the period, for which maintenance has been actually paid by the husband to the woman;
  3. the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2 [maintenance as interim maintenance, as the case may be after her divorce, cancel the order from the date thereof.

Enforcement of order of maintenance

A copy of the order of maintenance or interim maintenance and also expenses of proceeding given to a person on whom order passed. Order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance or as the case may be expenses, due.

 

Article Categories:
Criminal law

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