Can revision of interim maintenance be filed in dv case

Originally posted by : Fraud_victim
	An order for interim maintainance of Rs.5500 per month was passed by MM court in my DV case. I was employed & had decent salary that time, apprx 7 years back. Now, from past 3 years, after being out of job & meager income, I am unable to pay this amount.  a. Can I file an application seeking reduction or cancelation of this maintainance  b. Any documents or citations to be attached ALONG with this application. Experts, please advise & guide.

You need to file Application u/s Section 25(2) of DV Act for change / or revocation of maintenance order. You need to file documents related to your income.

thank you sachin.. i did this in last date. now she has filed application to'struck of the defense of petitioner' as some maintainence amount was due from my end, though i had been paying as per my capacity & resources, but yes arrears are there as DV case is dragging from 2009. she refused reconcilation or settlement despite judge asking both of us to mutually sort out. if you can guide me on what & how to reply, i will be grateful.

Originally posted by : Fraud_victim
	thank you sachin.. i did this in last date. now she has filed application to'struck of the defense of petitioner' as some maintainence amount was due from my end, though i had been paying as per my capacity & resources, but yes arrears are there as DV case is dragging from 2009. she refused reconcilation or settlement despite judge asking both of us to mutually sort out. if you can guide me on what & how to reply, i will be grateful.

Some questions for you:

1. Have you filed Application u/s 25(2) of DV act? if yes, what is the order ?

2. Are you presently paying maintenance? 

Sachin>>

1. Have you filed Application u/s 25(2) of DV act? if yes, what is the order ?

==> Yes I have filed it in last date, so reply & order awaited.

2. Are you presently paying maintenance? 

==> MM court had ordered a maintainence of rs.5500 per month, on mutual consent in 2009. I have been paying that, but there hae been short payments & missouts as I my income has gone down from 7 laks pa (in 2009) to mere 1.5 lakhs pa now. I lost my job in 2013, tried but could not get anything as (unofficially) no company wants to keep a staff with DV tag & grant leaves for attending court dates.. so I started private consulatncy to get some earning.. wife claims that there are arrears of 1.6 lakhs .. i try to pay what ever i get in hand, so there has been inconsistancy in my payouts. (she is dragging the DV case since in 2009)