The Court noted that Section 125 (order for maintenance of wives, children and parents) of the CrPC enables a wife to seek maintenance from the husband, while Section 127 deals with altering the allowance.
The language in Section 127 is clear that it can be invoked upon a proof of change in circumstances of a person receiving a monthly allowance under Section 125 of the CrPC, the Court held. A proceeding under Section 125 of the CrPC, therefore, should precede a proceeding under Section 127 of the CrPC. In this light, the Court held,
“It is also an admitted fact that there is no proceeding initiated by the respondent-wife invoking Section 125 of the Cr.P.C. Therefore, without there being any determination of maintenance under Section 125 of the Cr.P.C., petition under Section 127 of the Cr.P.C. is not maintainable.”
Source: Barandbench
