Sample Application for Lowering Maintenance u/s DV 25(2)
Lockdown because of Corona Virus has impacted business and industry in a manner, that it is difficult to predict when income levels will reach the levels we saw just before Covid19. However, people whose maintenance has been fixed prior to lockdown may suffer more. They may have to pay maintenance on their income levels which were before Lockdown.
Fortunately all acts provide for alteration, modification or revocation of Maintenance if change of cirumstances so warrant. Section 25(2) of Protection of Women from Domestic Violence Act, 2005 is one such section which can be used if you have been saddled with maintenance under Domestic Violence Act.
The section reads:
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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