Order Cancelling Maintenance U/S 127 CrPC Cannot Operate Retrospectively

Case: Jumaila Beevi v. A. Nissar

Coram: Justice A. Muhamed Mustaque and Justice Sophy Thomas

Case No.: MAT.APPEAL NO.181 OF 2013

Court Observation: “The order of cancellation shall be effective only from the date of order, and it cannot date back to the date of application. Till the order is altered, modified or cancelled, the earlier orders will remain effective. So the order of cancellation of maintenance always operates prospectively and not retrospectively.”

“We cannot read a power into the Code which is not there. The order of cancellation of maintenance always operates prospectively and not retrospectively.”

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Keywords

Order Cancelling Maintenance, Cannot Operate Retrospectively