Sachin Kakirde (Not Working) 11 August 2009

Can Interim Maintainane Under DV Act be altered

Dear All,

I am residing in Pune separated from my wife for almost 2 years. After 1 year she filed a complaint against me under section 498a, 406 & 34 where in my family members also accused. After that she had filed a case under section 12 of DV Act. In that case court passed interim order to pay maintainance of Rs. 4000=00 from the date of filing application. Her lawyer informed my company to cut the salary for non payment of Housing Loan. Currently I sold my house with consent of my wife, but she forcefully taken possession and not vacating the house. The buyer filed a complaint and police are not taking action since my brother in law working in a Home department. After that notice company terminated me from the job and currently I am jobless, I informed same to the concerned court. Now My question is CAN HON'BLE COURT ALTERED THE EARILER ORDER OF MAINTAIANCE WHICH WAS PASSED UNDER DV ACT? Since I am residing in MAHARASHTRA for new job every organisation is asking Police Clearance Certificate after 26/11 attack ? CAn you please help by providing judgements regarding the same.

K. SACHIN

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5 Replies

Kiran Kumar (Lawyer) 11 August 2009

well maintenane orders can be altered keeping in view the facts and circumstances of the case, however this order may not be instant.

as far as DV act is concerned i cud not find any latest judgment in this context.

lets c if some other Ld. member finds it.

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Sachin Kakirde (Not Working) 11 August 2009

Dear Mr. Kiran,

Can you provide me some citation with reference to change in circumstances, so that it will be helpful for me.

SACHIN

R.R. KRISHNAA (Legal Manager) 11 August 2009

Mr. Sachin

Approach the same court with an application through your lawyer to revise the order of maintenance along with proof on your part that you have lost your job and state your situation. The court will definitely consider it, if you clearly enlighten the court about your situation that you are jobless and cannot pay maintenance as directed by court. You do not need a judgment on this issue. Your merits and success will depend only on the truth of the facts you present before the court.

R.R. KRISHNAA (Legal Manager) 11 August 2009

File an application before the court and try to get orders on it. Merely stating orally in court about being jobless is not going to help your case.

Sachin Kakirde (Not Working) 11 August 2009

I already submitted a xerox copy of letter which was sent by My wife lawyer and my termination letter from the compnay. Now court is given date of this month for final argument. SO it will be helpful for to made my case stronger.

SACHIN