Section 125 CrPC Maintenance — Filing Application Under Section 127
What you need to know
Section 127 of the Code of Criminal Procedure, 1973 (now Section 144 of BNSS, 2023) allows a person to apply for alteration or modification of an existing maintenance order passed under Section 125 CrPC. This is relevant when circumstances have changed — for example, the paying party's income has increased, or the receiving party's needs have grown. The Family Court or Magistrate has the power to revise the maintenance amount upward or downward based on evidence of changed circumstances. Filing this application correctly is important to ensure timely financial relief and legal enforceability.
Your rights
You have the right to seek enhanced maintenance if the existing order no longer meets your reasonable needs
The court must consider changed circumstances such as income increase of payer or inflation
The application can be filed in the same Family Court / Magistrate Court that passed the original maintenance order
You are entitled to legal aid if you cannot afford a lawyer (Legal Services Authority Act, 1987)
What you should do now
Action firstGather evidence of changed circumstances
- Collect documents showing increase in payer's income (salary slips, IT returns, business records)
- Gather proof of increased expenses or changed needs on your side (medical bills, rent receipts, school fees)
Draft and file the Section 127 application
- Prepare a written application stating the original order details, date, and amount, and the changed circumstances
- File the application in the same court that passed the original Section 125 order along with an affidavit
- Pay the applicable court fee and obtain filing acknowledgment
Attend hearings and present evidence
- Appear on all listed dates; present documentary and oral evidence of changed circumstances
- If the opposite party does not comply with the revised order, file an execution petition under Section 128 CrPC
Seek free legal aid if needed
- Approach your District Legal Services Authority (DLSA) for a free lawyer if you cannot afford one
- NALSA helpline: 15100
Acts applicable
Code of Criminal Procedure, 1973
centralSection 127 — Alteration of maintenance order
Bharatiya Nagarik Suraksha Sanhita, 2023
centralSection 144 — Corresponding new provision for alteration of maintenance
Family Courts Act, 1984
centralSection 7 — Jurisdiction of Family Courts over maintenance matters