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GSR (others)     27 April 2013

Pls advise to reduce maintenance

Dear Members,

Please provide suitable advise on below

 

Maintenance X amount was given in CRPC 125, around 2 years back. After that Domestic violence case was filed for getting residence. Amount Y was given for providing rent amount for wife. So total amount X+Y is very huge for husband to pay now.

 

1. What are the options to reduce the maintenance ? can revision be filed in CRPC 125 case, to consider residence amount given under DVC as part of maintenance under CRPC 125 ?

 

2. Any other grounds for husband to approach on reducing this maintenance ?

 

3. Please provide if there are any citation/judgements supporting this ?

 

Thanks !



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 April 2013

A change in the maintenance is usually called a 'variation'. A variation can be an increase or decrease in the amount. The party bringing the application for avariation must be able to show the court that there has been sufficient change in financial circumstances to warrant a change.
If there is an attachment of earnings order in place it will be necessary to apply to vary the attachment of earnings order if the amount of maintenance is changed.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     27 April 2013

Dear Querist

if the circusmstances has been chnge after the maintenance order then file an application u/s 127 of crpc for change the order by Court.

1 Like

(Guest)

 

Originally posted by : GSR

Dear Members,

Please provide suitable advise on below

 

Maintenance X amount was given in CRPC 125, around 2 years back. After that Domestic violence case was filed for getting residence. Amount Y was given for providing rent amount for wife. So total amount X+Y is very huge for husband to pay now.

 

1. What are the options to reduce the maintenance ? can revision be filed in CRPC 125 case, to consider residence amount given under DVC as part of maintenance under CRPC 125 ?

 

2. Any other grounds for husband to approach on reducing this maintenance ?

 

3. Please provide if there are any citation/judgements supporting this ?

 

Thanks !

 

 

What was your lawyer doing?


Did he or she not tell you what to do?


Why did your lawyer let you pile up maintenance money ?


Till 2 years you were quiet, now you have come here.  Dont feel offended.


But point is 2 years you have been quiet itself shows that you are well to do.


Now only that the final figure is so huge you have come here.


Instead of this, you could have as well paid little by littel to your lovely.


Now that there is enormous balance of alimony to be paid, clear it off with interest.  and then go for change of circumstances appeal in HC.


Even if you go to HC I dont think your alimony reduction HC will do, as you have never gone to court and am sure that you did not file even objections for alimony application by your wife. Seeing this HC will dismiss your case for alimony reduction as I have told above.


Advice for you would be, change your lawyer. and follow what has been told above.


Regards,



Tajobsindia (Senior Partner )     28 April 2013

1. You can try under S. 127 CrPC but I keep my doubts reserved for a reason that under DV Act the Ld. Judge might not have considered maintenance under its various Sections and simply allowed Rent in lieu of right to residence which he can under Rules of DV Act which might even be mentioned under its Order which you missed telling here to us!

2. One can also parallel file Appeal under S. 29 DV Act too.

3. Infact I would have preferred both S. 127 CrPC as well as S. 29 DV Act Appeals in Sessions Court by way of two separate Appeals one under change of circumstances under S. 125 CrPC and another to consider earlier parallel Order awarded under S. 125 CrPC which is part of DV Act and club both and reduce the same as the brought before you by my pleadings circumstances so warrant you to do so!

1 Like

GSR (others)     28 April 2013

Originally posted by : Tajobsindia

1. You can try under S. 127 CrPC but I keep my doubts reserved for a reason that under DV Act the Ld. Judge might not have considered maintenance under its various Sections and simply allowed Rent in lieu of right to residence which he can under Rules of DV Act which might even be mentioned under its Order which you missed telling here to us!

2. One can also parallel file Appeal under S. 29 DV Act too.

3. Infact I would have preferred both S. 127 CrPC as well as S. 29 DV Act Appeals in Sessions Court by way of two separate Appeals one under change of circumstances under S. 125 CrPC and another to consider earlier parallel Order awarded under S. 125 CrPC which is part of DV Act and club both and reduce the same as the brought before you by my pleadings circumstances so warrant you to do so!

Thanks Tajobs!



1.  Order passed by DV judge is aware of the maintenance amount granted in Crpc 125 and it was also mentioned in the DV complaint. DV complaint has the details of amount of maintenence granted in S.125 Crpc and asked for enhancing it. DV judge has turned it down as maintenance was already given in S.125 Crpc and he cannot enhance it. Having said that, would it still be better to go with 2 parellel appeals- One under S.127 CRPC and another under S.29 DV act( as suggested under point 3 above) ?
 


2. Can appeal under S.127 Crpc and S.29 DV act be made directly in State HC ? or Should that first be made only in sessions court and then approach HC , if needed ? Would like to check this option - as Sessions court is in a different place compared to state HC court and HC is easily accessible.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2013

Dear Querist

u/s 29 of DV Act you can file  appeal before session court within 30 days of the order passed by the magistrate but u/s 127 you can file an application before the court in which the maintenance order has been passed, not appeal.

127. Alteration in allowance.

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(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 by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance 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 a monthly allowance 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 as monthly allowance in pursuance of the said order.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 April 2013

Dear Querist

u/s 29 of DV Act you can file  appeal before session court within 30 days of the order passed by the magistrate but u/s 127 you can file an application before the court in which the maintenance order has been passed, not appeal.

127. Alteration in allowance.

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(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 by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance 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 a monthly allowance 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 as monthly allowance in pursuance of the said order.

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