Husband cannot be directed to deposit the amount of arrears of maintenance as a condition precedent to proceed with his application

Husband cannot be directed to deposit the amount of arrears of maintenance as a condition precedent to proceed with his application

Ashok Yeshwant Samant vs Smt Suparna Ashok Samant And Anr

Bombay HC

27/07/1990

1991 (1) BomCR 383; (1990) 92 BOMLR 434; 1991 CriLJ 766; II (1991) DMC 132

About/from the judgment:

ARREARS DEPOSIT BEFORE APPEAL!

 

Sec 127(2)- Application by husband for modification of maintenance amount - Husband cannot be directed to deposit the amount of arrears of maintenance as a condition precedent to proceed with his application. Sec 125(3), 127- Recovery proceedings u/s 125(3) are independent proceedings from the proceedings u/s 127 CrPC. Sec 125(3)- Arrears of maintenance "Recovery - Coercive Process" Before taking recourse to coervice process opportunity to show cause must be given!

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