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rajesh   10 December 2015

Can trial court reduce maintenance?

Dear Experts,

 

I filed RCR u/s 9 HMA against my wife. She replied with an application u/s 24 HMA. She was granted interim maintenance Rs 6000/- per month.

 

Now the situation has changed and I got a temporary layoff of about 6 months.

 

Can I get the interim maintenance reduced by the "same" trial Court judge who ordered the original interim maintenance?

 

My question in other words,

 

Does the trial court Judge has power to reduce the interim maintenance by adjucating his own  order?

 

Kindly confirm me.

 

rajesh



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 5 Replies

prabhakar advocate (advocate)     10 December 2015

He has got the power under law to change the manintenance if he satisfies that there is change of circumstances.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 December 2015

No, the interim maintenance can't be reduced by the same court.Whether U R employed or not U have to act as per the original orders given for maintenance.Even an appeal in the sessions court will not have any respite.

SAINATH DEVALLA (LEGAL CONSULTANT)     10 December 2015

There are many rulings by different High Courts,that unemployement of the husband can't be an excuse for the husband to pay maintenance to the wife.

rajesh   10 December 2015

Dear experts,

 

Thank you for your kind reply,

 

Under what section and law does the trial Court has power to reduce the interim maintenance under a change in circumstances?

 

Kindly clarify.

 

Rajesh

rajesh   10 December 2015

Please note...

 

The earlier maintenance is allowed u/s 24 HMA   

 

My question is given below again.

Under what section and law does the trial Court have power to reduce the interim maintenance under a change in circumstances?    (Please note HMA)

 

Kindly reply.

 


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