1. You may file an application before the court for the modification of maintenance order and setting aside same on ground of change in circumstance that your wife is earning and you have new family.

2. Your wife may approach court she may file an application for execution if you miss.

First you can file petition for review of maintenance amount on ground of her re-employment and seek withdrawal of the same from date of her re-employment .

Further you can apply force majeure clause for the pendamic covid 19 to defer the monthly  maintenance payment upto a reasonable period for payment by installment later on restoration of normalcy.

1) First you have to collect proof of her employment and salary slip and from which date she is working in that organization. 

2) Initially you can't stop paying her 15k. Because this will be contempt of court. If you're facing any problem to pay 15k pm than kindly request court for part payment and do pay all maintenance in the court. Meanwhile you can apply for reduction or cancellation of previous maintenance order of 15k.

1. Yes ofcourse, file a petition for waiving off the further maintenance 

2. Yes you can avoid paying maintenance for 2 3 months,  you may receive a formal warning for that from the court 

1) you can defer payment of maintenance for 2 months  if on account of pay cut you are unable to pay maintenance 

2) you are bound to pay monthly maintenance as agreed upon in consent terms for divorce 

3) you can make application for modification of maintenance if wife is earning Rs 80 K monthly 

1) No,  you have to do detective-ship and find all those details in absent of her.  

You need evidence of ex wife employment to make out a case for modification of maintenance amount 

You have to visit here office and meet HR. If HR also don't co-operate with you.. 

At least you can have her PAN no  or copy of Form 16 of latest financial year.

From her PAN account I can find out all here CIBIL records.

When you make application fir modification of maintenance you have to serve your ex wife with copy of application 

1. Because you and your wife voluntarily and mutually agreed to end your marriage by accepting Mutual Consent Divorce.

2. Monthly maintenance amount of Rs. 15000/- to be paid to your ex-wife was also agreed by you, during the course of Mutual Consent Divorce. Maintenance amount was not awarded by any court in this case.

3. If your divorce were not to be a Mutual Consent Divorce or if it were to be a contested divorce, then due to change of circumstances and change in financial status of your ex-wife, a petition of waiver/reduction of maintenance amount could have been filed.

4. Due to Covid19 lockdown, paying maintenance amount to your ex-wife becomes more important.  

5.  If you do not pay maintenance for 1 or 2 months, she may file a case for breach of contract, to recover the maintenance amount from you.

Yes proof is needed to be collected by you.

Try getting some pics or videos while she doing her job. Or if you can get the salary statement from the employer. That would be a sure shot to get a salary statements 

Respected sir...

For that you have to collect the evidence regarding the income of the your ex wife...what you are saying is that she is getting 80k we need to prove that and after that we have to move an application in the court of law ...if she is working in private sector then suggestions will not work there you have to get the evidence either by hook or crook...

Thank you

1. See you may through court give her notice to present her bank statements and ITR details.

1. You may through mutual friends or relative know her employer details later you can call her employer witness in court.

1. Since a lady with independent source of income is not entitled to maintenance you can stop paying your ex wife in terms of previous agreement.

2. however do so only f you have proof of her income.

3. in absence of proper proof of her income your liability to pay may not be absolved. 

1. Is there a clause in the mutual consent decree that if she begins to earn tomorrow then you will not be liable to pay her maintenance anymore?

2. You can file an application in the court to modify the order and discontinue payment of maintenance to her on the ground that she has started to earn now, but you will have to prove that she is earning and the income earned by her is sufficient for her to live her life.

1. If you miss paying her maintenance then she can file execution petition to recover the arrears. If you still do not pay then court can send you to jail. However, in the current scenario the courts across the country are hearing only urgent cases.

2. You surely have to not only collect evidence to prove that she has now started to earn on her own, but further prove that her income is sufficient for her to live her life. This is the twin test which you have to pass according to the law laid down by the Supreme Court.

If the maintenance amount what you have been giving her was a voluntary mode and  not through  an order of court  then you can discontinue paying the same from immediate forthwith, if at all she wants to make a claim let she approach court, where you can state that she is employed with a handsome salary hence she is not eligible for maintenance, but the burden of proof lies on you to prove her employment and salary details before court.

However if this maintenance was paid by an order of court then yo can file an application  before the same court explaining the change in her circumstances and seek an order to cancel the maintenance order passed earlier in view of her change in her employment status.

She will not be eligible for monthly maintenance if she has acquired an employment subsequently.

To prove her employment status the burden will lie on you hence you may have to collect the proof of her employment and her salary details.

It depends on how you handle this without revealing this matter to anyone so that she do not come to know about your intention.

You may collect the details secretly about her employment and salary details and then file a petition before court.

She will come to know about this only after the court notice reaches her. 

Dear Sir,

You can get issue a legal notice to the HR of that company and get her salary certificate or file application under RTI PROVISIONS. Due to changed circumstances you are entitled to stop payment. More grounds during discussion.

- As per law , if a wife not having sufficient income for her maintenance , then she can claim maintenance from her husband , even her husband is working or not. 

- Further , as per Supreme court , a working woman can also claim maintenance from her husband , if her income from the work is not sufficient for her maintenance ,as per her standard of living. 

- Further , as per latest judgement of Calcutta High Court, An earning woman who has adequate financial resources isn’t entitled to maintenance from her husband.

- And further , A husband cannot claim any right over the earnings of his wife , but if the husband is not having any source of income , then a husband can claim maintenance from his wife under section 24 of Hindu Marriage Act.

- It means , if her income is higher than you , and you are unable to maintained yourself , then you can also claim maintenance from her legally. 

- Since, the maintenance amount was allowed in favour of her at the time of mutual divorce , where you agreed for the same to comply legally, otherwise , a contempt petition can be filed by her due to non-compliance of the said order/decree. 

- If , she is earning high amount , then you can move an application for modification in the amount of maintenance before the same court , that had passed the decree of divorce , after submitting the proper proof for the same, otherwise court may penalized you as well. 

- Naturally you will have to collect the proof of her earning , only claiming is not enough .

- Since, you are getting less payment ,hence you can pay her the amount as per your wish , during the period of Covid-19. 

Good luck and dont forget to rating Positively. 

Wife started earning not entitle to maintiannce. Send her legal notice and refuse to pay further maintenance. You should have included the condition in MCD that maintainance will stop if wife start earning good or remarry.

Collect the proof to substantiate your claim.

Ascertain where she is working than her esening proof can be obtain from her employer or through her bank.

You need to file a petition in the same court for cancellation of the said order. It will be better if you seek proofs of her income in court. She can't claim maintenance when she earns herself and capable to maintain herself

Dear Sir,

The waiver in maintenance amount can be given by the Court which has passed the order under the changed circumstances and if the same is denied, you may approach High Court as well. You are suggested to approach the first court with all proof and evidence so that suitable orders may be obtained. In the present circumstances, when there is no stay on the maintenance order, you are suggested not pay the full amount of Rs. 15000 and cut some amount which you may pay later, if required.   

1.      Yes, you shall have to file a petition before the Court for reviewing the said maintenance order in the changed circumstances where your ex-wife has started earning handsomely to enable her to maintain herself.

2. She can file a petition alleging contempt of court where you shall have to cite the Corona Virus problem.

. When you are alleging that she has been earning Rs.80 K per month, the burden of proof lies on you.

You can contact a detective agency for finding out the details of her employment and also collecting her latest salary slip.

You can contact a detective agency for finding out the details of her employment and also collecting her latest salary slip.

If you have proof that shes working you can file a fresh petition before court which passed earlier order of maintenance to totally cancel the maintenance which is awarded as she's working and earning her livelihood 

In divorce by Mutual Consent both parties work out their terms on which they agree to part ways and  file petition in the court, which is finalised buy court and decreed the same . So both person’s are bound to obey the M C Decree.

Maintenance simply means the amount which is paid to the wife after divorce for her sustenance and well-being. The maintenance rights of a divorced woman shall cease when it is found that she has remarried someone or is involved with another person romantically. The husband, in such a case, can bring the matter before the court to modify or rescind the order of maintenance.

She is also not entitled to divorce maintenance when she has a job and earns enough for maintaining a standard life. The definition of standard life is subjective in nature.

In your case you can approach the court which passes the order for mutual divorce for change of maintenance amount due to change of circumstances of wife after Divorce. It is your duty to prove her employment and salary details before court.

you can approach concern court and file an application for modification in maintenance that your ex wife is earning 80k per month. 

Please prefer application for issue of summons upon the employer of your wife with complete details . 

1) You can make an application to the court and seek to waive of the maintenance since she is working, you have to show that she is drawing more than you earn.   

2) During the pandemic, yes you can make an application to defer the payment for 2 / 3 months. 

You must invariably produce proof of her current employment and income, unless you demonstrate  to the court, the court cannot understand and decide on word of mouth without  material proof in support of your claims, you claim that, she is drawn / earning 80K which is a huge sum, as such, proofs are required.

Further, you need to abide by the t&c of your MCD wherein, you agreed to pay 15K towards maintenance, in order to seek favorable orders from court, you have to collate and produce before court, her pay slip, bank statement, designation etc., in support of your request.

Only way is you have to get the documents officially and not in unauthorized manner.

The options are:

- You make an application to court seeking direction to produce documents by her.

- The copy of your application has to be has to be served on her before filing.

- You can make an application to IT department, seeking her ITR details if you know her PAN and Aadhar details.

1. If your ex wife have started earning 80K per month and in mutual consent divorce order your period of maintenance was specifically mentioned as 2017 to 2020 then you are not liable to pay her maintenance after 2020.

2. You can still make a petition under section 127 CrPC for alteration in allowance on ground of wife's earning and finishing of period mentioned in divorce decree. 

1. As per the information mentioned in the present query, makes it clear that you have not been able to pay the maintenance due to this pandemic phase of life, but you need not to worry about this as even if she happens to approach the court then also court cannot force you for now at all.
2. But, yes, if now, I talk about your decree according to which you are suppose to pay the maintenance and I am sure that the same is with the content that if she happens to marry to someone else or start working then you are not bound to pay.
3. If the above condition is there in the decree then it will be very easy for you to approach the court of law with an application to waive the same now.
4. And if not then also you can move but with certain judgments of Hon’ble SC that says that if she has been working now then no maintenance for her.

Maintenance continues only till she either doesn't earn or doesn't marry.

In the light of changed circumstances file an application in the court for stopping of the maintenance. Stop paying her maintenance. She would either go to the court or won't.

If she does then inform the court. Seek refund.

Yes. That you have to do.

Ask for her salary slip from the organisation where she works. If they refuse send them a legal notice. File an application in the court and make them a party.