Reducing maintenance after residence order
GSR
(Querist) 27 April 2013
This query is : Resolved
Dear experts
Please provide suitable advise on below
Maintenance X amount was given in CRPC 125, around 2 years back. After that Domestic violence case was filed for getting residence. Amount Y was given for providing rent amount for wife. So total amount X+Y is very huge for husband to pay now.
1. What are the options to reduce the maintenance ? can revision be filed in CRPC 125 case, to consider residence amount given under DVC as part of maintenance under CRPC 125 ?
2. Any other grounds for husband to approach on reducing this maintenance ?
3. Please provide if there are any citation/judgements supporting this ?
Thanks !
Devajyoti Barman
(Expert) 27 April 2013
1. yes, you can apply under section 127 crpc.
2. If there is decrease in his income that can be brought in the attention of the court.
3/ Consult your advocate.
ajay sethi
(Expert) 27 April 2013
what is husband income . while passing order the husband incime must have been considered . even while passing residence order you must have drawn attention of court to fact that you are paying huge sum as maintenance . you are liberty to explore all legal options for reducing maintenance amount
R.K Nanda
(Expert) 27 April 2013
agree with experts.
