125crpc
karan
(Querist) 10 February 2014
This query is : Resolved
I have been paying interim maintenance of 5k every month for last 1 year ( went for appeal then, but dismissed by session judge) now I have been diagnosed with ankylosing spondylitis , making my mobility limited because of which my income has reduced and I am only able to earn part time. It's difficult to pay 5k to wife.
do I have an option to appeal to reduce maintenance on health grounds? Plus is this a normal application? Cause I read 127crpc only applies in permanent maintenance! !!
Please advise
Devajyoti Barman
(Expert) 10 February 2014
Yes, you can file petition u/s 127 crpc.
However mere reduction of potential to earn more would not do. You have to establish your lesser income than earlier times.
Rajendra K Goyal
(Expert) 11 February 2014
You have to prove that your income has reduced substantially in the application u/s 127 Cr PC.
ajay sethi
(Expert) 11 February 2014
agree with experts
Biswanath Roy
(Expert) 11 February 2014
Yes, you can file a petition u/s. 127 Cr. P.C. FOR REDUCTION OF MAINTENANCE TO YOUR WIFE. Provided you shall have to prove it before the court by submitting your current pay slip in original and previous pay slip i.e., when you first started payment of maintenance and also all medical reports in original to prove the cause for reduction of your salary and your bonafide in the matter.
There are certain State amendments in this Section which has some impacts upon applicability of Sec. 127 Cr. P.C. which is to be considered before filing the petition.
R.V.RAO
(Expert) 12 February 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 12 February 2014
Yes you can file a petition u/s 127 Cr.P.C along with the authentic medical documents to prove your statements.
