section 489
Alteration in allowance
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XXXVI OF THE MAINTENANCE OF WIVES AND CHILDREN
Statutory text
Alteration in allowance.-(1) On proof of a change in the circumstances of any person receiving under section 488 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magistrate may make such alteration in the allowance as he thinks fit: Provided that if he increases the allowance, the monthly rate of two thousand rupees in the whole be not exceeded.
- (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 488 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
- (3) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section 488, 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.
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