• Appeal to change monthly alimony after mutual consent divorce

Me and my wife divorced in 2015 by mutual consent. I agreed to pay 55000 each month as alimony, but after paying for 2 years, my business hit rock bottom that I had to close my business completely.
Since September 2017 I have been giving 25000 to my ex wife instead of 55k as I have many loans on myself, business is shut, already borrowed money from family and friends etc. I started doing job in Sept 2017 where I get salary of 42,000 only and still I'm paying 25k to ex wife.
I want to appeal in court for change of alimony as I'm in grave financial hardship but all lawyers are saying that its impossible to change alimony after mutual consent divorce cases so no one is taking my case.

Can someone please help me if similar cases have ever been recorded in India in any court? It is hard to believe that in such a big country, no man felt major alimony pressure after mutual divorce and had never appealed? I really need examples - as I genuinely cannot afford to pay 5 5 when I'm earning only 42k

Please guide me!
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

Hi, we can file for amendment .. However , it is the discretion of judge to consider our application ... You can share with me the divorce decree for better guidance over your query ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,

Mutual consent divorce is all about the mutual consent.

There is not way that the same can be changed.

if you stop paying then the wife can file a case on you and then you may defend the same, bbut on your part you can not take any action before hand.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

there is ample scope for you to get relief. I don't know what kind of people are giving you this info. in the light of changed circumstances, the amount would be revised by the court.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Since your income has reduced and you are not in position to pay Rs 55000 per month fil appeal against said order

2) enclose copy of your appointment letter wherein you ar earning Rs 42000 only as income

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

You may file a revision petition under section 127 of CRPC in High Court to reduce the amount of maintenance and a plea that you don't have any source of income to support the maintenance amount you can produce the documents related to your income along with your income tax return in support of your claim.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can definitely approach Court and file an appeal against the said order granting maintenance to your wife.

You'll have to annex your Bank statemants as well as salary slips, bank loan documents etc. in order to satisfy the court that you are unable to pay such a maintenance amount to your wife.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Usually, the husband is bound to maintain his wife till her lifetime. However, if the wife remarries, the husband is absolved of his responsibility and can petition the court for orders to stop the alimony.

you should file a petition for reduce the alimony amount.

Citation

Manoj Ambastha

vs

Smt.Lakshmy Rani Kapoor

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

The order may also describe circumstances under which alimony can be modified (changed) - for example, if the paying spouse becomes unemployed.

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How to Reduce Alimony Payments

What a judge will look at in considering a request to reduce alimony payments.

When a marriage ends, it's not unusual for one spouse to pay alimony (also called "spousal support" or "maintenance") to the other after the divorce. The marital settlement agreement and/or the court's divorce judgment will contain an order that defines the terms of the alimony payments, like how much will be paid each month and when the payments are due. Some orders also say when alimony ends--this might be a specific date or be connected to an event, like the remarriage of the spouse receiving alimony.

The order may also describe circumstances under which alimony can be modified (changed) - for example, if the paying spouse becomes unemployed. Some agreements and orders may state that the amount of alimony can't be changed under any circumstances.

You will Need to Show a Change In Circumstances

If the settlement agreement or order doesn't address the issue of when alimony can be modified, then either spouse is free to seek a change to alimony by filing a request with the court. For example, a paying spouse who can no longer afford alimony must ask the court to make a change, and must prove why the reduction is justified. In order to convince the court to reduce (or even terminate) alimony, the paying spouse must demonstrate a significant change in the financial circumstances of one or both spouses, such as:

• the involuntary loss of a job or wage reduction

• an illness or disability that prevents the paying spouse from working

• the remarriage of the supported spouse

• the supported spouse's cohabitation with a new partner, or

• and increase in former spouse’s income.

The change in circumstances must be significant though - the judge won't grant a reduction based on a minor adjustment to either spouse's income or other financial resources.

Once a motion to modify alimony has been filed, the court will typically allow the spouses to conduct "discovery," meaning each will be entitled to ask the other to produce financial documentation showing the ability to pay support and/or the need for financial support, such as paystubs, tax returns, and financial statements.

Getting Help

Modifying alimony can be complicated; discovery and trial court procedures generally require legal expertise. If you have questions about changing alimony, you should contact an experienced family law attorney for help.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Firslty, Sir, as per the information provided by you in the present query, makes it clear that you have all good intention to pay the alimony.

Secondly, it just that now, you have been living in great financial crises.

Thirdly, you please move an application in the same divorce petition no., and explain the same before the judge to reduce it to some extent, I believe that you may get it reduced to some extent.

Fourthly, also say that you really ready to increase the same when you income will get increased.

Rest, you are free to contact me further for any query, would feel fortunat to help you...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You said that you have reduced the alimony amount from 55 K to 25 K, how long you had been doing this?

Was there no objection from your wife on this?

She is the aggrieved party in this hence it will be she who can approach court for remedy and relief

Therefore, in the given situation you better remain silent by paying her only the chosen amount for the time being, await her reactions and actions on this.

You can then express your actual financial position and background by producing the documentary evidences and leave it to the court to decide.

You were rightly informed that you cannot prefer an appeal that too at this stage when every thing was agreed and accepted and went without a contest or protest for so many years.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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