Section 127 CrPC: Alteration in allowance

What Section 127 CrPC Says

127. Alteration in allowance

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the 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, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.

(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 to the woman;

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, 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 for the maintenance and interim maintenance or any of them 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 for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.

Source: Section 127, Code of Criminal Procedure, 1973

Section 127 CrPC in Simple Words

When Section 127 CrPC Applies

• Section 127(1) CrPC applies on proof of a change in the circumstances of a person receiving, under Section 125 CrPC, a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay such an allowance to his wife, child, father or mother, as the case may be.
• The Magistrate may make such alteration as the Magistrate thinks fit in the allowance for the maintenance or the interim maintenance.
• Section 127(2) CrPC applies where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under Section 125 CrPC should be cancelled or varied. The Magistrate shall cancel the order or, as the case may be, vary it accordingly.
• Section 127(3) CrPC applies where an order has been made under Section 125 CrPC in favour of a woman who has been divorced by, or has obtained a divorce from, her husband. The Magistrate shall cancel the order if satisfied of a matter described in Section 127(3)(a) CrPC, Section 127(3)(b) CrPC or Section 127(3)(c) CrPC.
• Section 127(4) CrPC applies when the Civil Court makes a decree for the recovery of any maintenance or dowry by a person to whom a monthly allowance for the maintenance and interim maintenance, or either of them, has been ordered to be paid under Section 125 CrPC.

Example of Section 127 CrPC

When Section 127 CrPC Does Not Apply

• Section 127 CrPC speaks of the alteration, cancellation or variation of an order made under Section 125 CrPC. It does not deal with the making of the order for maintenance, which Section 125 CrPC addresses.
• Section 127(3) CrPC speaks of an order made in favour of a woman who has been divorced by, or has obtained a divorce from, her husband. It does not deal with an order made in favour of a child, father or mother.
• Section 127 CrPC speaks of the alteration of the allowance. It does not deal with the enforcement of an order of maintenance, which Section 128 CrPC addresses.

Section 127 CrPC Under BNSS 146: What Changed

FAQs on Section 127 CrPC