Please note that Section 127(1) of the Criminal Procedure Code provides for alteration in the maintenance allowance being paid under Section 125 Cr.P.C. if there is a change in circumstances:
“127. Alteration in allowance.— (1) On proof of a change in the circumstances of any person, receiving, under Section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.”
Accordingly, in view of the change of circumstances mentioned by you, your friend can file an application under Section 127(1) of the Cr.P.C. for appropriate modification in the order of maintenance. If needed, he can also approach the higher courts against the maintenance order. But, ultimately, his earning will be considered and it is not clear from your question whether his earning capacity has also drastically reduced due to such disability as is mentioned by you.
But, till the maintenance order is not modified by the same court or by higher court, he is legally bound to pay the maintenance as per the existing order. So, he should file an application for alteration of the maintenance order by giving convincing reasons for seeking such alteration.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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