Review petition for interim maintenance?

3 years ago

Based on my old salary which was 1 lakh per month and my wife's salary which was 45000 per month, Court ordered me to pay an interim maintenance of 25000 per month to wife which I had been regularly paying since last 11 months, but 4 months ago, I lost my job due unforeseen circumstances but I continued paying the maintenance, I had been trying to find an equally paying job since last 4 months but now I have an offer of 50000 per month only.
Now that I am not earning enough to pay her 25000 per month and since last 4 months i do not even have a job and out of money, can i file petition in court asking to reduce the maintenance amount?

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MOHIT ADARSH

Responded 3 years ago

A.Dear Raghu ,
It is advisable to move an application regarding reduction in maintainence before the competent family court having jurisdiction on unprecedented circumstances arose in your case as you have mentioned that you became jobless and it is getting difficult to maintain your wife.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You may file a petition before the court and raise your grievances regarding the same.
However, the decision of reduction or the amount of reduction to be done, will depend upon the discretion of the court.
If you find this answer helpful, please rate us.

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Anik

Responded 3 years ago

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A.Hi,
Yes, you may approach a court of law and state your grievances.
However, the decision of the court will depend upon the discretion of the court.
If you find this answer helpful, please rate us.

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Pradeep Naik

Responded 3 years ago

A.Yes, you may file an application before the court under s.127 CrPC for the reduction if maintenance amount on the basis of changed circumstances. You should produce evidence of the loss of your job and the amount of your current salary.

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DIYAVARHUSSAIN SHAIK

Responded 3 years ago

A.Dear Client
As per your inputs, as your salary is reduced due to job change, you can file a memo in the court to revise the maintenance order. the court may consider your request

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Ananth Shankar Sharma

Responded 3 years ago

A.Ask your lawyer file a application under section 127 CrpC with the guidelines supreme court issued in Rajnesh vs Neha on 4 November, 2020

If you have any other questions feel free to contact

Thanks and regards
Advocate Anant Sharma

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