S. 127 CrPC: Must Consider Husband’s Financial Status, Changed Circumstances While Determining Maintenance In... .
Section 127 CrPC (Code of Criminal Procedure)
Section 127 deals with “Alteration in Allowance”—meaning once a maintenance order is passed under Section 125 CrPC, it can be increased, reduced, or cancelled depending on changed circumstances.
The provision is important because life situations change – salaries increase/decrease, remarriage happens, children become major, etc. Hence, law allows modification of maintenance.
Key Principles under Section 127 CrPC
Changed Circumstances
The court must see whether circumstances of either party have changed since the earlier order.
For example:
Husband’s salary increases substantially → wife/children may seek enhancement.
Husband loses job or suffers disability → he may seek reduction.
Husband’s Financial Status
The financial capacity of the husband is a primary factor.
Court must balance between husband’s earning capacity and wife/children’s needs.
Equity & Fairness
The idea is not to burden the husband beyond his means, but also not to let wife/children suffer in poverty.
Remarriage or Changed Dependency
If the wife remarries, she is no longer entitled to maintenance (Section 127(2)).
If a child attains majority and is not disabled, maintenance may stop.
Important Case Laws
Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7
SC held that while determining maintenance, the husband’s financial capacity, standard of living, and obligations must be considered.
Wife is entitled to live with dignity, not luxury, but close to the husband’s status.
Shailja & Anr. v. Khobbanna (2018) 12 SCC 199
SC clarified that merely because the wife is capable of earning, it is not a ground to deny maintenance. Husband’s income and standard of life remain relevant.
Rajnesh v. Neha (2021) 2 SCC 324
Landmark judgment laying down detailed guidelines for maintenance under Section 125 and 127.
Both parties must file affidavits of income, assets, liabilities.
Changed financial status can be considered in future applications under Section 127.
Bhuwan Mohan Singh v. Meena (2015) 6 SCC 353
Maintenance is a fundamental right of wife/children under Section 125; Section 127 ensures it remains just and fair with time.
Sunita Kachwaha v. Anil Kachwaha (2014) 16 SCC 715
Even if the husband claims low income, the court must check his actual earning capacity and lifestyle before deciding.
Conclusion
Section 127 CrPC ensures that maintenance orders remain dynamic and realistic as per changing financial and social conditions.
Courts must carefully examine:
Husband’s present financial status (salary, assets, liabilities, lifestyle).
Changed needs of wife/children (education, medical needs, inflation).
Orders can be enhanced, reduced, or cancelled depending on fairness and justice.
👉 In short, maintenance is not a fixed figure forever—it evolves with time, and Section 127 CrPC empowers courts to adjust it.
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