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.
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.
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ADVERTISEMENTS:
Where any order has been made under Section 125 in favour of a woman for her maintenance, 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, cancelled such order as from the date of her remarriage;
(b) The woman has been divorce by her husband and 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; –
ADVERTISEMENTS:
(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 therefore.
At the time of making any decree for 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 in pursuance of the said order. (Section 127).