Child maintenance
Mrunmai Deshpande
(Querist) 25 October 2013
This query is : Resolved
I am 40 years of age and divorced. I was earning Rs10000/- pm and was asked to pay Rs2000/- pm as child maintenance by court. I was paying this money regularly. But, of late, the company I was working for has gone into liquidation and hence I am jobless. I am not finding a suitable job. I have following queries.
1. How can I pay child maintenance if I am jobless?
2. If I get a job with less than Rs10000/- pm salary, will the court consider reducing child maintenance?
Please advise!
adv. rajeev ( rajoo )
(Expert) 25 October 2013
You are bound to pay the maintenance. If you get the lesser salary job, you can file an application to the court to reduce the maintenance amount
Devajyoti Barman
(Expert) 25 October 2013
1. It is your headache, not court's. Loss of job is no ground to provide maintenance to dependents.
2.Yes, the court may consider.
Nadeem Qureshi
(Expert) 25 October 2013
Dear Querist
if the court pass an order for maintenance u/s 125 of cr.pc then you can file an application u/s 127 of Cr.P.C for reduce the maintenance amount as per you current Job or unemployment.
read the section carefully
127. Alteration in allowance.
(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-
(i) in the case where, such sum was paid before such order, from the date on Which such order was made,
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance in pursuance of the said order.
ajay sethi
(Expert) 25 October 2013
agree with nadeem
R.K Nanda
(Expert) 25 October 2013
nothing to add more.
Rajendra K Goyal
(Expert) 25 October 2013
Well advised by the experts, nothing more to add.
Adv. Chandrasekhar
(Expert) 25 October 2013
File an application describing the change of circumstances The court after taking all facts into consideration may exempt you from paying maintenance or reduce the amount or reject your application
