Discharge of variation of orders
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Summary
Husband, his creditor, or a person claiming under him can apply to the Court that made the original order to have it varied or discharged. If the desertion has ceased, or for any other reason the Court thinks fit, the Court may discharge or vary the order. The change is discretionary with the Court.
Example
Arjun was ordered to pay maintenance to Meera after she said he had deserted her. They later reconciled and the desertion stopped, so Arjun applied to the same Court to have the order discharged or varied. The Court may cancel or change the order if it considers the change justified.
Bare Act
Enacted textThe husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or vary the order accordingly.
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