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At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom *[ 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 for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.
*Subs. by Act 50 of 2001, sec. 3, for " monthly allowance has been ordered" (w.e.f. 24-9-2023).
**Subs. by Act 50 of 2001, sec. 3, for "as monthly allowance in pursuance of" (w.e.f. 24-9-2023).
STATE AMENDMENT
Maharashtra:
In section 127,-
(a) in sub-section (1), in the proviso, for the words " five hundred rupees" the words "fifteen hundred rupees" shall be substituted;
(b) in sub-section (4),-
(i) for the words "monthly allowance", where they occur for the first time, the words "maintenance allowance" shall be substituted;
(ii) after the words "monthly allowance", where they occur for the second time the words "or, as the case may be, the lump-sum allowance" shall be inserted.
[Vide, Maharashtra Act 21 of 1999, sec. 3 (w.e.f.20-4-1999)] [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure ( Amendment) Act, 2001 (Central Act 50 of 2001) sec. 3 (w.e.f. 24-9-2023)].
Tripura:
In section 127, in the proviso to sub-section (1), for the words "five hundred rupees", the words " one thousand five hundred rupees" shall be substituted.
[ Vide Tripura Act 9 of 1999, sec. 3 (w.e.f. 9-4-2024) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by sec. 2 (w.e.f.24-9-2001)]
West Bengal:
In section 127, in the proviso to sub-section (1), for the words "five hundred rupees" the words "one thousand and five hundred rupees" shall be substituted.
[Vide West Bengal Act 14 of 1995, sec. 2 (w.e.f. 2-8-2023) ] [Ed. This Amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 2001 (Central Act 50 of 2001) whereby the words " not exceeding five hundred rupees in the whole" have been omitted by section 2 (w.e.f. 24-9-2023)].
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