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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
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.