• IPC 125, husband lost job and joined a low paying new job

Brief Background:

Wife filed false 498a,406, 323,125, divorce etc on husband and in-laws. All got AB and no one was ever arrested,wife living with parents since last 2 years, have one minor son 5 years living with wife.Wife says she is house wife with no personal income. Honorable Court granted interim maintenance 10000 to wife and 5000 to son.
husband paying interim maintenance from last 9 months as ordered by Hon court.
Wife is MBA but did not declare it in her 125 petition. She worked before but not working now.

question 1>
Husband working in private sector as manager and got salary 45000.
Husband lost job where he was working for last 9 years because company where he was working is making loss and company reducing workforce.

now husband got a new job of Rs 10,000 per month.

Can husband file a revision petition in the same trial court for change in circumstances Section 127 stating husband lost job and joined a new job with only Rs 10000/ per month, so wife and son interim maintenance should be reduced to 3 thousand considering the fact that husband has dependable parents.

Will Hon Court accept it , or will Hon Court say that husband changed job to get rid of his responsibility to maintain his wife and son.

Husband is trying and not getting better paying job, He is willing to take it if Hon court arranges for 
such high paying job.

Husband is willing to show all documents like offer letter and pay slip of new company for Rs 10000 salary.
Will court still deny and force the husband to pay 10000 to wife and 5000 to son as ordered earlier in interim order in 125.
what is the remedy for the husband in this case, if trial court declines his prayer for reducing 
maintenance for change in circumstances.

Question 2> I have one very important documentary evidence which is primary evidence and is the original. This evidence is applicable in all 4 different cases that wife filled on husband in same court with different Hon JM.
What is the process to submit this evidence in all cases in different Hon. JM. 
If we submit the original in one case, how can we file the same primary evidence in another case,because original is already submitted in another case. please advice
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

On account of change in circumstances husband can apply to trial court for modification of maintenance order as his income is only Rs 10000 per month and maintenance payable is Rs 15000 per month

2) you can file certified copy of document in other courts . Mention that original has been filed in x court

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1. Yes, husband can apply for revision of amount on changed circumstances vide proceeding u/s 127 crpc.

Howeevr considering the drastic fall in the income of husband the court may refuse to consider the same as genuine and may not not adjust the amount of maintenance much.

2. You can get it exhibited in one case and then get a certified copy oif the same and the the same certified copy can be filed in rest of the cases.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1) take xerox copy of passbook

2) request bank to certify it as true copy

3) mention that original psssbook has been filed in x case in court

4) take xerox copy of RtI reply and mention that original has been filed in another case in court

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Dear Querist

My opinion on your queries are as under:-

question 1>

Husband working in private sector as manager and got salary 45000.

Husband lost job where he was working for last 9 years because company where he was working is making loss and company reducing workforce.

now husband got a new job of Rs 10,000 per month.

Can husband file a revision petition in the same trial court for change in circumstances Section 127 stating husband lost job and joined a new job with only Rs 10000/ per month, so wife and son interim maintenance should be reduced to 3 thousand considering the fact that husband has dependable parents.

Opinion: No, need to file any Revision, Husband may file an application U/s 127 of Cr.P.C. and pray for reduce the maintenance as he has getting only Rs. 10,000/- per month now and due to change in circumstances and based on the affidavit filed by the husband, after given an opportunity to wife, the court have power to pass an appropriate order and change the previous order.

Will Hon Court accept it , or will Hon Court say that husband changed job to get rid of his responsibility to maintain his wife and son.

Opinion: No, the court consider only the changed in the circumstances.

what is the remedy for the husband in this case, if trial court declines his prayer for reducing

maintenance for change in circumstances.

Opinion: If the trial court dismissed the application U/s127 of Cr.P.C. filed by the Husband then he may file a revision petition before the High Court.

Question 2> I have one very important documentary evidence which is primary evidence and is the original. This evidence is applicable in all 4 different cases that wife filled on husband in same court with different Hon JM.

What is the process to submit this evidence in all cases in different Hon. JM.

If we submit the original in one case, how can we file the same primary evidence in another case,because original is already submitted in another case.

Opinion: File the certified copy of the same before the court in which the husband wants to relied those documents.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Can husband file a revision petition in the same trial court for change in circumstances Section 127 stating husband lost job and joined a new job with only Rs 10000/ per month, so wife and son interim maintenance should be reduced to 3 thousand considering the fact that husband has dependable parents.

He can file a revision petition stating the facts and producing the documentary proofs to prove this status. It is discretion of court to pass suitable orders.

Husband is trying and not getting better paying job, He is willing to take it if Hon court arranges for such high paying job.

It is an arrogant language against court, which may be condemned and considered as contempt of court if you file a petition in this language before court.

I have one very important documentary evidence which is primary evidence and is the original. This evidence is applicable in all 4 different cases that wife filled on husband in same court with different Hon JM.

What is the process to submit this evidence in all cases in different Hon. JM.

If we submit the original in one case, how can we file the same primary evidence in another case,because original is already submitted in another case.

Firstly be aware that you cannot keep producing the documents one by one to the cases already disposed.

Secondly, if you want to produce the same document to a different court too, you may obtain a certified xerox copy of the same and produce the certified copies before the court which is conducting trial on a similar or related or connected case.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

I have the original passbook of a SB account of a PSU Bank. How can I get certified copy of this passbook.whom shall I pray to get a certified copy. While submitting the original to the court, will Hon Court give me any receipt of receiving the original , using which I can submit xerox to another case with different Hon JM.

You can produce both the photo copy and the original before the court, which after comparison shall return you the original passbook to you.

This attested photocopy shall become the exhibit before the court and you can always obtain certified copies of all the exhibits from the trial court and produce them before other court which will be considered as valid documents.

Secondly, I have RTI reply, which I want to file in all the cases as evidence. If I make a xerox of the original RTI reply, how will I get the certified copy. Will other hon JM accept the Xerox, If I mention that original is submitted in another Hon JM with the same court.

The same question for a different document too, but the anser is the same that was given to the previous question.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

I have already advised and nothing more to add.

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

1. You shall have to file the application u/s127 of Cr.P.C. praying for amendment of the said interim order based on the changed circumstances of your loosing the earlier job and getting a fresh job with lesser salary. The Court may reduce the amount of maintenance or may refuse such revision depending on your documents submitted. The Court shall have to be convinced about the authenticity of your claim. If the trial court rejects the said petition, you shall have to approach the Appellate Court challenging the said order of rejection.

2. Whenever you deposit the original documents, the said deposition is recorded in the order sheet. So, whenever you further require such submission of the same original documents, you can submit the said evidence of deposition of the same in other court and the trying court will call for those original documents from the court where it has already been deposited by you earlier.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

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