Payment of arrears cannot be a condition for application for alteration of allowance. The Bombay High Court in the Criminal Writ Petition of Ashok Samant v. Suparna Samant held that the proceedings under S.125(3) of CrPC for recovery of arrears of maintenance are independent of the proceedings under S.127 of CrPC i.e. application for alteration of amount of maintenance. Therefore the husband cannot be directed to deposit the amount of arrears of maintenance as a condition precedent to proceed with his application under under S.127 of CrPC. Reddy & Reddy Law Firm is one of the best law firms in Pune dealing with complex issues of matrimonial disputes including aspects of maintenance, domestic violence, child custody and such other crucial aspects of matrimonial disputes.
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