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1. Obligation of a Magistrate under Section 127(2) of the Code of Criminal Procedure, 1973, to cancel or vary an earlier order of maintenance under Section 125 strictly in accordance with the judgment of a competent civil Court. Analysis: The judgment dealt with the obligation of a Magistrate under Section 127(2) of the Code of Criminal Procedure, 1973, to cancel or vary an earlier order of maintenance under Section 125 in compliance with the judgment of a competent civil Court. The case involved a matrimonial dispute where the petitioner-husband and respondent-wife had a history of discord. The wife had previously obtained a maintenance order under Section 488 of the old Code of Criminal Procedure, which was later enhanced by a civil court decree. The husband sought cancellation of the maintenance order based on the civil court judgments. The issue revolved around whether the Magistrate was bound to follow the civil court decree on maintenance. The judgment emphasized the mandatory language of Section 127(2) of the new Code, stating that once a civil court decree on maintenance is issued by a competent court, the Magistrate has no discretion but to cancel or vary the earlier maintenance order accordingly. The court highlighted the principle that civil court decrees concerning civil rights of parties must prevail over criminal court orders, citing relevant precedents. The judgment clarified that the Magistrate's discretion is limited once a civil court decree on maintenance is in place. The court distinguished previous cases cited by the respondent's counsel, emphasizing that the specific issue in the present case was the binding nature of a civil court decree on maintenance under Section 127(2) of the new Code. The judgment concluded that the Magistrate is obligated to follow the judgment of a competent civil court on maintenance and cancel or vary the earlier maintenance order accordingly. The revision petition was allowed in favor of the petitioner-husband, setting aside the Magistrate's order and directing cancellation of the maintenance grant under Section 125 of the new Code. In a concurring opinion, the second judge agreed with the analysis and decision of the primary judge, affirming the obligation of the Magistrate to adhere to the civil court decree on maintenance under Section 127(2) of the Code of Criminal Procedure, 1973. The judgment provided a comprehensive analysis of the legal issue at hand and clarified the Magistrate's duty in such cases.
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