Reduction of Maintenance
The Court may pass order for grant of maintenance to the dependent wife, children and aged parents unable to maintain themselves. The court may pass order under Section. 125, Criminal Procedure Code, Section. 24 of the Hindu Marriage Act 1955 or under the Section. 12 of the Protection of Women from Domestic Violence Act or The Divorce Act.
The husband may apply to the court for reduction of maintenance under certain circumstances i.e.
- Major decrease in income
- Loss of service/Job.
- Health issues.
- Increase of income of wife.
- Dependent wife or children have become financially independent and they are no longer entitled to receive maintenance.
- The divorced wife has remarries.
- The wife had inherited properties, interest in business etc.
- The daughter marries.
- If it is discovered that the maintenance receiving spouse is mis utilising the maintenance money or has concealed his/her assets from the court at the time of passing maintenance order.
- The court may take into account opulent lifestyle/lavish standard of living of the maintenance receiving spouse which is beyond the disclosed source of income or out of proportion to the maintenance amount.
The maintenance paying spouse may submit an application along with documentary evidence to the Hon’ble Court for reduction of maintenance amount. The court has to be convinced about justification for reduction of maintenance i.e. income proof, bank statements, income tax returns, vacation photographs etc.
The court will give opportunity to both the parties to prove their case, including cross examination and after considering evidence produced before it, the Hon’ble court at its discretion may decrease, increase or stop the maintenance amount.
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