Cancellation of Maintenance due to job loss because of Corona Virus

Sample Application for Change in Maintenance Amount u/s HMA 24

Corona Virus has impacted earnings of many. Many people have lost jobs, also many people have got cut in their earnings. Self employed and Businessmen may have faced losses rather than any profits due to this Pandemic. Many of such men are facing matrimonial litigation and has been ordered to pay Maintenance under various provisions of law, including Section 24 of Hindu Marriage Act. Unfortunately, there is no provision under HMA for alteration of Maintenance under HMA24. So what shall a person who has lost job or his earnings has been impacted due to COVID 19.

Such person can resort to S. 151 of CPC i.e. Section 151 of Civil Procedure Code. The same is to save the inherent powers of the code to allow courts to make any orders necessary for the ends of justice or prevent abuse of the process of the court.

Saving of inherent powers of the code:- Nothing in this code shall be deemed to limit or otherwise affect the inherent powers of the court to make such orders as may be necessary for the ends of the justice or to prevent abuse of the process of the court.

So if you fall in the category who have lost job or have significant loss of earnings, you shall put an application to the court for alteration, rescinding, cancellation of maintenance. One should put this application as soon as court opens.

This application can be gotten by any man facing job loss / lower earnings or any such situation due to Covid19 by writing an email and asking for it.

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