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Report No. 48

64. Cancellation of maintenance.-

There is also a small point relating to cancellation of orders for maintenance1.

There had been, in the past, some uncertainty as to whether the words of section 489(1) of the Code2 are comprehensive enough to take in an application to cancel an order of maintenance on the ground of change of status of the party entitled to maintenance. The controversy arose in the context of divorce. The view that prevails at present seems to be, that the words "change in the circumstances" and "alteration in the allowance" are wide enough to take in, without doing violence to the language, "divorce" and "cancellation of allowance3-4."

We are not now concerned with extra-judicial divorce as such, since, according to our recommendation5 (Paragraph 61), it should not now make a difference. But the wider question of change of status remains. We are of the view that such a power-i.e. power to cancel an order for maintenance on change of status-should be expressly provided for, in order to make the provision self-contained; and we, therefore, recommend that change of status of the person entitled to maintenance should be covered in the clause of the Bill corresponding to section 489.

1. (a) Section 489(2), Cr. P.C. (b) Clause 130(2), Cr. P.C. Bill.

2. Clause 130(1), Cr. P.C. Bill.

3. (a) Muhammad Ismail v. Sarammal, AIR 1960 Ker 282 (Anna Chandy J.). (b) Muhammad Rahimullah (in re:), AIR 1947 Mad 461 (reviews cases).

4. Clause 128(5), Cr. P.C.

5. Para. 61, supra.

Some questions Under the Code of Criminal Procedure Bill, 1970 Back

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