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MUKESH GUPTA   28 January 2022

MAINT 125

Sir, Good mng

My 498a and DV Act case has been dismissed.Maint is ordered in CRPC 125 @10000 per month.I am paying Rs 20000 per month from salary deduction.Two children.My salary 40000.What I should do to reduce maint.


 5 Replies

anubhav Bhatt   28 January 2022

File a Criminal Revision if matter relates from Uttar Pradesh against that order for more clarification you may contact us then I'll elaborate properly.
Advocate Anurag Bhatt

Megha   29 January 2022

Hi,

You may file a review petition in the court to re-consider the maintenance payable to your wife.  

In the review petition please elaborate your inability/ difficulty to pay the maintenance along with proof of your salary.  You can also show your laibilities or your wife's ability to maintain herself.  If there's a genuine case for reduction, the court will accept the petition on merits and greant you necessary relief.

Best regards,
Megha

Aryan Raj   29 January 2022

Hello Megha,

Can you please mention the provisions related to this case

Thank you 

PALLABH HALDAR   30 January 2022

Go for Revision Proceedings under Sec 397 of Crpc

Regards 

Advocate Pallabh Haldar

I am a Delhi based advocate if u want any help you can contact me

Megha   01 February 2022

Originally posted by : Megha

Hi,

You may file a review petition in the court to re-consider the maintenance payable to your wife.  In the review petition please elaborate your inability/ difficulty to pay the maintenance along with proof of your salary. 

You can also show your laibilities or your wife's ability to maintain herself.  If there's a genuine case for reduction, the court will accept the petition on merits and greant you necessary relief.

Best regards,
Megha

Hi,

In furtherance to the above, you may also consider making an application before the Magistrate for alteration in allowance under section 127 of the Code for Criminal Procedure, 1973.  The Magistrate, upon satisfying himself about the change in circumstances/ your inability tp pay, may alter the maintenance payable to your wife.

Best regards,
Megha


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