hai gd eveng everyone. I am a govt employee and facing the maintenance case by my irresponsible wife. she left my house saying that going to her parents house then she took my daughter with her aged about 4 years. I get married her in 2018 .
Now the court has declared ex party order and ordered 8000 per mnt. My parents were facing health issues like my father is heart patient and my mother suffering from disc problem. She left my house without reason. So how can i reduce maintainance .Give me the next step to get rid from her.
She also lodged dp, 498 a, 506,section 34 so plz help me and suggest for on going case..
An application under Section 127(1) stating change of circumstances can be filed to reduce the maintenance amount before the same Leanred/Hon'ble Court. The husband has to state how the conditions have changed since the passing of the orders for maintenance and how it will in the interest of justice to reduce the maintenance amount. Following case law can be relied upon in such a situation: Rajensh V Neha & Ors. Criminal Appeal No. 730 of 2020 in which the Apex Court has clearly stated that in cases where maintenance is awarded, an amended/supplementary affidavit can be filed where there is change in financial status of any party or there is a change of any relevant circumstances, or if some new information comes to light which would be considered by the court at the time of final determination.
