Author :
Mukesh Kumar
Posted On 20 May 2012 at 13:42
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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.
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Expert :
Nadeem Qureshi 9953809956
Posted On 20 May 2012 at 16:57
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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.
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