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Adjustment in amount of maintenance under Section 125 crpc

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Maintenance

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I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that my wife when claiming for maintenance she produced evidence that my earning is about 60,000/- per month as a salary. 

When I was working in dubai I got sixty thousand as salary. Now, after that, I have lost the job & since my health problem & age 54 years. I cannot work or get any job. now, on 15-09-2021, again the same application is made, that i am earning rs. 60,000/- per month. judges are not listening to the truth & always have given the wrong order. please suggest what to do? I am suffering from high sugar level, hiv+, does not have gall bladder, fracture in leg.

Question from: Gujrat

You should file a revision before the High Court if that order has been passed by the Family Court otherwise file revision before the Court of Sessions. When you have lost your job and are suffering from severe health problems the court is bound to decrease the amount of maintenance. 

According to Section 127 of the code of criminal procedure (crpc) the court has the power to amend the order of maintenance on the changes of circumstances. The circumstances of the case have changed. You have lost your job and are not able to earn sixty thousand rupees. Hence, the court must decrease the amount of maintenance. 

Adjustment in amount of maintenance

The husband pays maintenance out of the net income. Court excludes the expenses and liability of the husband from his salary or income. Then the court decides the amount of maintenance. You have been suffering from severe health problems so the net income has already decreased. Therefore, the court is bound to adjust the amount of maintenance. 

However, the husband is bound to maintain his wife. If the husband is jobless, this fact does not absolve the right of a wife to get maintenance from the husband. But the court is bound to fix a reasonable and justifiable amount of maintenance. Income of the husband is a crucial factor to decide the amount of maintenance. 

Therefore, you should file a revision application and seek adjustment of maintenance amount as per the current circumstances of the case. Your case is genuine and you’ll get justice from the court. Adduce relevant documents about your income and health expenses. Those documents will help the court to adjust the amount of maintenance. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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