Section 127 CrPC: Alteration in Allowance – Code of Criminal Procedure

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Section 127 CrPC: Alteration in Allowance

Section 127 CrPC: Alteration in Allowance

This section deals with the power of the Magistrate to alter the allowance granted to a person under Section 125 CrPC (Maintenance of Wife, Child and Parents).

Explanation

Section 127 CrPC states that a Magistrate can, at any time, upon an application made by either party, alter the allowance granted under Section 125 CrPC, if there has been a change in the circumstances of either the person bound to pay maintenance or the person to whom it is payable.

Illustration

For example, if the person bound to pay maintenance gets a promotion and his income increases, the Magistrate can increase the allowance payable to the recipient. Conversely, if the recipient of maintenance finds employment, the Magistrate can reduce the allowance.

Common Questions and Answers

  • Q: Who can apply for an alteration in allowance?

    A: Either the person bound to pay maintenance or the person to whom it is payable can apply for an alteration.

  • Q: What kind of change in circumstances warrants an alteration?

    A: Any significant change in the financial situation of either the payer or the recipient can be considered. This could include changes in income, employment status, or dependents.

  • Q: Can the Magistrate refuse to alter the allowance?

    A: Yes. The Magistrate has the discretion to refuse the application if they deem it unnecessary or unreasonable.

  • Q: How is the application for alteration made?

    A: The application is made in writing to the Magistrate who originally passed the order under Section 125 CrPC.

Also Read  Section 184 CrPC: Where Offenses Triable Together Are To Be Tried - Code of Criminal Procedure


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