sec.42Court may vary order

### sec.42 Court may vary order Where (whether before or after the commencement of this Act) the court has ordered a periodical payment or has ordered any part of an estate or a lump sum to be invested for the benefit of any person, it may from time to time on the application of any person inquire whether any party deriving benefit under the order is still living or has become possessed of or entitled to provision for the party’s proper maintenance or support and into the adequacy of the provision, or whether the provision made by the order for any such party remains adequate, and may increase or reduce the provision so made or discharge, vary or suspend the order, or make such other order as is just in the circumstances. However, the court shall not increase the provision so made unless the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned in pursuance of the original order is considered by the court to be sufficient for the purposes of such increase and all other lawful payments (if any) therefrom. Without derogating from the provisions of subsections (1) and (1A) , where the court has increased the provision so made for the benefit of any person and at any subsequent date the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned is considered by the court to be insufficient for the purposes of such provision and all other lawful payments (if any) therefrom, the court may reduce or suspend any increase or discharge, vary or suspend the original order, or make such other order as is just in the circumstances. (sec.42-ssec.1) Where (whether before or after the commencement of this Act) the court has ordered a periodical payment or has ordered any part of an estate or a lump sum to be invested for the benefit of any person, it may from time to time on the application of any person inquire whether any party deriving benefit under the order is still living or has become possessed of or entitled to provision for the party’s proper maintenance or support and into the adequacy of the provision, or whether the provision made by the order for any such party remains adequate, and may increase or reduce the provision so made or discharge, vary or suspend the order, or make such other order as is just in the circumstances. (sec.42-ssec.1A) However, the court shall not increase the provision so made unless the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned in pursuance of the original order is considered by the court to be sufficient for the purposes of such increase and all other lawful payments (if any) therefrom. (sec.42-ssec.2) Without derogating from the provisions of subsections (1) and (1A) , where the court has increased the provision so made for the benefit of any person and at any subsequent date the income of the estate or, as the case may be, the capital or income of the part of the estate or lump sum invested for the benefit of the person concerned is considered by the court to be insufficient for the purposes of such provision and all other lawful payments (if any) therefrom, the court may reduce or suspend any increase or discharge, vary or suspend the original order, or make such other order as is just in the circumstances.