Free Sec 127(1) Modify/Set Aside Order Template PDF/Word

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Application Under Section 127(1) Format

Need to modify or set aside a maintenance order due to changed circumstances? Our ready-to-use Application Under Section 127(1) Format under CrPC helps you file a precise petition in India courts effortlessly.

What is an Application Under Section 127(1)?

Section 127(1) of the Code of Criminal Procedure (CrPC), 1973, empowers a Magistrate to alter the maintenance allowance ordered under Section 125 if there's a material change in the circumstances of the parties. This Application Under Section 127(1) Format is a legal template designed for husbands, fathers, or maintenance payers seeking to reduce, modify, or set aside the order dated [specific date]. It's crucial in family law matters where financial situations evolve, such as job loss, increased earnings of the respondent, or other valid grounds.

Commonly used in maintenance disputes under Chapter IX of CrPC, this application ensures your plea complies with court requirements for evidence-based modifications.

Why is the Application Under Section 127(1) Format Important?

Filing a correct application prevents rejection due to procedural errors. Key reasons to use this legal template:

Legal Compliance: Meets Indian court standards, including affidavit support and proof of changed circumstances.
Time-Saving: Ready-to-use in PDF/Word format, customizable for your case.
Professional Edge: Drafted by legal experts, increasing success chances.
Cost-Effective: Avoid hefty lawyer fees for basic drafting; pair with AI tools or legal consultation for perfection.

Without a proper Application Under Section 127(1) Sample, your petition might be dismissed, prolonging disputes and financial strain.

Key Elements of the Application Under Section 127(1) Format

Our customizable Application Under Section 127(1) Format includes:

Heading and Court Details: Appropriate Magistrate Court jurisdiction.
Parties' Details: Applicant (payer) and respondent (claimant) information.
Reference to Original Order: Details of the order dated [date] under Section 125.
Grounds for Modification: Detailed changed circumstances (e.g., unemployment, respondent's remarriage, income proof).
Prayer Clause: Specific relief sought – alteration, reduction, or setting aside.
Affidavit and Verification: Sworn statement with supporting documents list.
Vacation Plea: Interim relief if urgent.

This structure ensures completeness, making it ideal for free download or paid premium versions.

Who Should Use This Application Under Section 127(1) Sample?

Husbands facing unsustainable maintenance post-divorce.
Fathers with altered financial capacity for child support.
Maintenance obligors in criminal revision cases.
Legal professionals needing quick India-specific legal templates.

Perfect for civil/family courts in India handling CrPC Section 127 petitions.

Download Your Application Under Section 127(1) Format Now

Get instant access to our Application Under Section 127(1) Format in editable Word or PDF format. Customize it using AI generators or seek legal help for personalization. Ready-to-use, printable, and compliant – start your application today!

Note: This is a legal template for reference. Consult a lawyer for case-specific advice. Not a substitute for professional legal services. Explore related formats like Maintenance Petition Under Section 125, Affidavit for Maintenance, or CrPC applications for comprehensive family law support.

(Word count: 512)

APPLICATION UNDER SECTION 127(1) FOR MODIFYING SETTING ASIDE THE ORDER DATED

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MR. H_________ APPLICANT

VERSUS

MRS. W __________ RESPONDENT

APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________

MOST RESPECTFULLY SHOWETH:

The Applicant, above named submits as under:

1. That the Applicant is Husband of the Respondent.

2. That marriage of the Petitioner was solemnized with Respondent on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________.

2. That the and the Respondent have been living separately since ___________.

3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________.

4. That the Hon'ble Court was pleased to grant an interim maintenance of Rs. __________ vide order dated __________ in favour of Respondent in the effect of monthly maintenance. Copy of order dated ____ passed by the Hon'ble Court of ______ attached herewith and marked as Annexure P1.

5. That the Applicant has been paying the interim maintenance to the Respondent and has been abiding with order of this court.

6. That the Applicant submits that with the reference arrears, the sum has been paid in 4 installments. Proof for payment of arrears is attached herewith and marked as Annexure P2.

7. That the Applicant has a pre-existing liability of Home Loan from (______Bank) for a contingent property in New Delhi at (_______ Address), prior to the marriage. Copy of the loan installment schedule is attached herewith and marked as Annexure P2.

8. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.

9. That the material change in circumstances has occurred which give the justification and ground for filing the present application and in these circumstances, principle of natural justice, equity, good conscience, fair trial and fair play in action demand that the material facts should be considered and appreciated while adjudicating upon the application for interim maintenance u/s 125(3) of CrPC to meet the end of justice and the order dated _________ may be varied, modified and reversed.

10. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________. Proof of employment of Respondent is attached herewith and marked as Annexure P2.

11. That the Applicant is finding it extremely difficult to make both his ends meet since he now has huge burden of liability which needs to remitted to the financial institutions and also to the respondent and it is a double burden for him, apart from managing his own financial liability.

12. That the Applicant submits that he is ready to pay the amount of maintenance as would be calculated and decided as a result of the arguments for interim maintenance and craves a stay on the interim order which was passed in favor of the respondent.

13. That the payment of interim maintenance would lead the petitioner to face grave injustice and financial hardships since he would be under a double burden to pay to the financial institutions and to the respondent.

14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner.

15. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:

P R A Y E R

That the Petitioner, therefore, prays:

a) this Hon'ble court may be pleased to varied, modify, quash and set aside the order dated _____ and stay the operation of the order dated ______ till the final disposal of the application on merits.; and

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

APPLICANT

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

I, H, the Applicant, state on solemn affirmation that whatever contained in paragraphs ____ to Para No __________ of the Petition is true to my own knowledge and that whatever contained in paragraphs No _____ to Para No ________ is based on information received and believed to be true to me.

Signed and verified this _______ day of _______ 20 _______ at ______

PETITIONER

Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MR. H_________ PETITIONER

VERSUS

MRS. W __________ RESPONDENT

AFFIDAVIT

I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:

1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

3. That the Applicant now has lost job and is searching for a suitable job for lost 3 months. That petitioner is under deep mental and financial stress due to this sudden and unfortunate turn of events.

4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

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Important Guidelines

Guidelines for Drafting an Application under Section 127(1) for Modifying or Setting Aside an Order:

An application under Section 127(1) of the Code of Criminal Procedure (CrPC) is used when a party seeks to modify or set aside an order issued by a Magistrate regarding maintenance, alteration of maintenance, or other related matters. Here are guidelines for drafting such an application and

Common Mistakes to Avoid:

Heading: Begin with the title "Application under Section 127(1) of CrPC for Modifying/Setting Aside Order" and specify the name of the court, parties involved, and case details.

Introduction: State your relationship with the other party (e.g., husband, wife, child), the date of the original order, and the specific order you seek to modify or set aside.

Grounds for Modification/Setting Aside: Clearly outline the reasons why you believe the order should be modified or set aside. This could include changes in financial circumstances, employment status, or any other relevant factors.

Supporting Evidence: Attach any supporting documents, such as income statements, medical reports, or other evidence that substantiates your grounds for modification.

Prayer for Relief: Conclude the application by explicitly requesting the court to modify or set aside the order in question.

Common Mistakes to Avoid:

Inaccurate Information: Ensure that all case details and facts are presented accurately and truthfully.

Failure to Specify Grounds: Clearly state the grounds on which you seek modification or setting aside of the order.

Missing Supporting Documents: Include all necessary documents and evidence to support your case.

Ignoring Legal Advice: Seek legal counsel to ensure compliance with the law and to avoid procedural errors.

Not Following Court Procedures: Adhere to the specific court procedures and timelines for filing such applications as per local rules.

Inadequate Notarization: Ensure the application is properly notarized or signed in the presence of a magistrate if required.

Drafting an application under Section 127(1) is essential for seeking adjustments or revocation of maintenance orders. Legal consultation is advisable to navigate the legal intricacies and to ensure that the application is well-prepared and complies with the relevant legal provisions.

Frequently asked questions

What is an Application under Section 127(1) CrPC for modifying or setting aside an order?→

This legal application under Section 127(1) of the CrPC in India seeks to modify, reduce, or set aside a previous maintenance order due to changed circumstances like income variation or remarriage.

Is this application format legally valid for filing in Indian courts?→

Yes, this is a standard, court-compliant format valid for use in Magistrate or Family Courts across India under CrPC provisions.

Do I need to pay stamp duty or court fees for this application in India?→

Court fees are nominal and state-specific (e.g., Rs. 10-50); no stamp duty required for such applications. Verify with local court rules.

In what format can I download this application document?→

Available for free download in editable Word (.docx) and non-editable PDF formats for easy use and printing.

Can I customize or edit this Section 127(1) application template?→

Yes, fully customizable; edit party details, order date, grounds for modification to fit your specific case before filing.

Who should use this application and when?→

Used by maintenance payer to reduce/cancel or recipient to increase allowance, upon significant change in circumstances, in Indian family law matters.

APPLICATION UNDER SECTION 127(1) FOR MODIFYING SETTING ASIDE THE ORDER DATED

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MR. H_________ APPLICANT

VERSUS

MRS. W __________ RESPONDENT

APPLICATION UNDER SECTION 127(1) FOR MODIFYING / SETTING ASIDE THE ORDER DATED _____________

MOST RESPECTFULLY SHOWETH:

The Applicant, above named submits as under:

1. That the Applicant is Husband of the Respondent.

2. That the and the Respondent have been living separately since ___________.

3. That the Respondent had filed Case No__________ of 20___ under Section 125 CrPC in the Court of ______________.

14. That the continuation of order dated _____ may cause grave prejudice to the interest of petitioner.

15. In the facts and circumstances of case mentioned herein above this Hon'ble Court may graciously be pleased to:

P R A Y E R

That the Petitioner, therefore, prays:

b) Any other relief or reliefs which the court may deem proper under the circumstances be also awarded to the petitioner.

APPLICANT

THROUGH

______________., Advocate

Place :

Date :

VERIFICATION

Signed and verified this _______ day of _______ 20 _______ at ______

PETITIONER

Format of affidavit to be filed in Support of Application under Section 127(1) of CrPC

IN THE COURT OF PRINCIPAL FAMILY JUDGE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

MR. H_________ PETITIONER

VERSUS

MRS. W __________ RESPONDENT

AFFIDAVIT

I, Mr. _______________ aged _________ years, Occupation _______ the Petitioner do solemnly affirm and say as follows:

1. That I am the Applicant in the accompanying Application under Section 127(1) of CrPC and well acquainted with the facts of the case.

2. That I have gone through the contents of the accompanying Application, I reaffirm the contents of the Petition, which are not being repeated here, for the sake of brevity.

4. That the respondent has got a job with _______ as __________3 months back and she is getting a salary of Rs. __________.

Signed at ___________ this ___________ day of ___________20__

DEPONENT

VERIFICATION

Signed and verified this _______ day of _______ 20 _______ at _______

DEPONENT

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