Maintenanace Alteration Application for Loss of Job for Covid 19 Lockdown
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Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.

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Maintenanace Alteration Application for Loss of Job for Covid 19 Lockdown

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  • Maintenanace Alteration Application for Loss of Job for Covid 19 Lockdown
                         

How to Put an Application u/s 127 CrPC for Alteration or Suspension of Maintenance

Due to Covid 19, there has been a great disruption in the lives of people. It has affected men more than women as they are/ were the primary earners in the family. It has affected them more, if they happen to be under marital dispute and was burdened with Maintenance for spouse.

The great question arise, if a man has lost his job due to #CoronaVirus, then how can he be expected to pay maintenance to wife,if it is granted under CrPC 125. Does he always face the prospect of going to jail? Not always.

Fortunately, the saving clause u/s CrPC 127 speaks about “Alteration of Maintenance” which can be done on the proof of change of circumstances of any person whether receiving or ordered to pay maintenance.

The said clause reads as under:

127. Alteration in allowance.

(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit.
However, it is on the affected party to inform the court, make court wise, about the change in circumstances with proof. Only then the court would know the change of circumstances and alter the allownace.
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.

 

See also  How to lodge complaint?

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.

WE PROVIDE CUSTOMIZED DRAFTING SERVICES FOR ALL APPLICATIONS. IF YOU ARE IN REQUIREMENT OF THE SAME, YOU CAN CONTACT US USING CONTACT ME PAGE

 

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