Under which section of the Code of Criminal Procedure, 1973, on proof of the changed circumstances of a person receiving monthly allowance for maintenance or interim maintenance under section 125, a Magistrate may make such alteration in the amount of maintenance or interim maintenance as he thinks fit?

The correct answer is Section 127.

Key Points

• Section 127 of the Code of Criminal Procedure, 1973, allows a Magistrate to alter the amount of maintenance or interim maintenance granted under Section 125.
• The alteration can be made upon proof of a change in the circumstances of the person receiving or paying the maintenance amount.
• The application for alteration can be made by either party, i.e., the person receiving maintenance or the person paying it.
• The section empowers the Magistrate to ensure that the maintenance amount is just and equitable according to the prevailing circumstances.
• It provides flexibility to adjust the maintenance amount based on factors such as changes in income, employment status, or other relevant financial or personal conditions.

Additional Information

• Section 125 CrPC:
  • It provides for the payment of maintenance to wives, children, and parents who are unable to maintain themselves.
  • The purpose of this section is to prevent vagrancy and destitution by ensuring financial support to dependents.
  • The Magistrate can order monthly allowances for maintenance under this section.
• Difference between Section 125 and Section 127:
  • While Section 125 focuses on granting maintenance, Section 127 deals with alteration or cancellation of the maintenance amount based on changing circumstances.
  • Section 127 ensures that the maintenance remains fair and appropriate over time.
• Interim Maintenance:
  • Interim maintenance refers to temporary financial support granted during the pendency of the case under Section 125.
  • It ensures that the dependent party receives immediate relief until the case is decided.
• Judicial Precedents:
  • Several judgments by Indian courts have clarified the principles and application of Section 125 and Section 127 to ensure justice and fairness in maintenance cases.
  • For example, in cases like K. Sivaram v. K. Mangalamba, courts have upheld the importance of Section 127 in addressing changed circumstances.