Maintenance under d.v act
Mukesh Kumar
(Querist) 20 May 2012
This query is : Resolved
sir/madam, I am paying rs. 6500 p.m to my wife and child. court passed this interim order on 30/04/2011. at the time of passing this order my wife said I earn 25,000 p.m on this court ordered me to pay 6500 p.m . now the situation is bad to worst I am unemployed and i want to decrease this maintenance amount as per my capacity(which is around Rs.1500 to 2000). what to do plz advice.
R.K Nanda
(Expert) 20 May 2012
File application in same court praying to court to decrease the maintenance amount as
now ur unemployed.File ur affidavit in support of said application.
Nadeem Qureshi
(Expert) 20 May 2012
Dear Mukesh
you can file an application u/s 127 of Cr. PC
read below:
127. Alteration in allowance.
1[(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.]
(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 to the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to 2[maintenance or interim maintenance, as the case may be] 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 3[ monthly allowance for the maintenance and interim maintenance or any of them 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 4[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of] the said order.
feel free to call
Shonee Kapoor
(Expert) 20 May 2012
127 has no role in DV.
File an application u/s 25(2) of the said act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 20 May 2012
but it is an interim order. So you have the opportunity to submit your w/s and if there is any proof that you r unemployed submit it in the court. Court will definitely consider your financial capacity at the time of passing the finale judgement. So, contest the case on merit.
Adv. Chandrasekhar
(Expert) 24 May 2012
There is nothing to suggest that the interim relief is under Section 125 Cr.p.C. or DV Act. If it is former follow Nadeem's advice otherwise Shonee's advice.
V R SHROFF
(Expert) 24 May 2012
As interim order is a year old, change of circumstances can change the amount on proper application.
Try complete Evidence and get final order quickly. Meanwhile Apply to change amt.
