• How to challenge and reduce maintenance under section 24

Hello All,
i am a 40 yr old male, i was married 15 years ago. one year back i filed for divorce on the ground on mental cruelty. my file filed DV act, 125, 24, 26 and other cases. she got immediate maintenance of 35000 pm under DV act. later on she got increased maintenance 50,000 pm. i have two kids, those are staying with mother. i run my business and earn around 1, 25, 000 pm. My question is...
1) can i file any application or case to reduce maintenance in higher court, what are the chances of my success   in reducing maintenance in higher court.
2) my mother was suffering from liver cancer since past six months and recently she passed away. due to this loss i am mentality unstable and not able to focus on my work, my financial condition has been worsen. i am finding myself to pay this huge maintenance. can i file any application to revise maintenance.
3) can i file application in high court stating while she already got maintenance in DV act , she can not be awarded maintenance twice. 

Please Help.
Asked 11 months ago in Family Law from Chandigarh, Chandigarh
Religion: Hindu
1. The doors of the higher court are open for you to assail the order of maintenance. The high court can on your  challenge either reduce or set aside the maintenance granted to her. 

2. The chances of success depend on the peculiar facts and circumstances of the case. While calculating maintenance the court has to take stock of the nature of domestic violence inflicted on the wife, salary of husband and his liabilities. If any of these factors has not been considered then you are free to move the higher court. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you can file application for modification of maintenance amount if your financial condition has worsened . 

2) any maintenance awarded under DV act would be considered by court while considering her application for maintenance in other legal proceedings initiated by wife for maintenance 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
you  will have to move HC against the order of interim maintenance awarded under section 24 of HMA 

2) Order passed under S.24 of Hindu marriage Act is interlocutory order - Appeal there against is not maintainable - 

3) Interim order are amenable to writ jurisdiction under Article 227 of the Constitution of India
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1) can i file any application or case to reduce maintenance in higher court, what are the chances of my success   in reducing maintenance in higher court.
Yes, you can file a revision petition to review the orders of the trial court granting her maintenance and also to reduce the quantum based on the facts and merits in your side. You should prepare grounds to show that you do not earn the income what has been falsely projected by her in her application for maintenance.  You have fair chances to get the amount reduced to a considerable extent, it depends on how your argues in your favor in the court. 


2) my mother was suffering from liver cancer since past six months and recently she passed away. due to this loss i am mentality unstable and not able to focus on my work, my financial condition has been worsen. i am finding myself to pay this huge maintenance. can i file any application to revise maintenance.
Yes, this will be a good ground to seek to reduce the quantum of maintenance award. 




3) can i file application in high court stating while she already got maintenance in DV act , she can not be awarded maintenance twice. 
You can file a petition stating that maintenance was already awarded to a huge amount in DV case hence another blow by another court in the form of another heavy maintenance amount order cannot be sustained hence seek its intervention direct the reduction of grant n both the cases. 



is there any way i can file any application against 24 to reduce maintenance if my financial conditions worsen
Yes by filing a revision petition against the order before high court. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. First show loss or much lesser income from your business,

2. File an appeal challenging the direction of the lower court in connection with the maintenance amount,

3. take the plea that so far you paid the unreasonable amount but now it is impossible to pay due to the reduction of your profit. 
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Yes, you shall have to that plea now since you have already paid the ordered amount without challenging the said order passed by the lower Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Subsequent change in the financial conditions is a ground on which you can apply for reduction of maintenance but in reality the courts do not cut down financial support on this ground.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, you have to file a  appeal before the District court for challenging the order passed by the trial court and also seek for reduction of the maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Is it is the Interim maintenances order or final ?  You can file appeal against interim maintenance for reducing the amount .The maintenance amount is calculated by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. The maintenance amount can get higher if its a long marriage.

While calculating the maintenance.
1.	Total monthly Income of both Husband as well as Wife.
2.	Number of children’s
3.	Number of years of marriage.
4.	In case of the Income of wife is 50 % of Husband's salary then she do not get maintenance.
5.	In case if she has to take care of her child also then in such cas maintenance amount would be more.
6.	If the wife is well qualified and well settled then percentage of maintenance would be less but yes now a day maximum cases goes in favour of wife only.
7.	Or else if you do not want to share your salary and property then you convince your wife for a permanent alimony in which whatever she will demand you have to pay her in one attempt then she will not be able to claim for any other thing in future. But all this you do it as per the court procedure to avoid in future problem.

So you have to approach the High court for modification of maintenance amount under the change of circumstances 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
you may file an application before the court in which the court the d.v. case is pending for reducing the maintenance due to changed in the circumstances u/s 25(2) of D.V.Act-2005, if the maintenance order passed by the family court u/s 125 of Cr.P.C then file an application u/s 127 of Cr.P.C. 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) court cannot force you to stay in Chandigarh if your parental home is in noida and you want to stay in noida 

2) you are at liberty to withdraw divorce petition 

3) wife had to withdraw case filed by her 

4) if your wife does not want to stay in. Noida With you she can continue the cases filed by her and claim maintenance 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Hi,  You can withdraw the divorce petition filed by you but you have to pay the maintenance even after withdraw the amount.

2. If your wife is ready and willing to live with you then only you need not pay the maintenance.

3. Even after withdrawal of the divorce petition DV and maintenance under 125 will continue.

4. You can withdraw the divorce petition and your wife has no right to object it.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if i withdraw divorce petition what will happen to maintenance order. do i have to pay even if i am agree to live with my wife and kids but in my parental home and not in Chandigarh, as her parents live here. 
A petition under section 24 will stand closed on disposal of main case.  Therefore the interim maintenance awarded will stand closed on the disposal of the divorce case, even if withdrawn.



2) can judge force me to pay if i am ready to live with my wife and also can judge order me to live in Chandigarh only  
When there is no case at all, the judge or court shall not have anything to pass an order on it. 




3) What will happen to DV case and 125 case if i withdraw divorce case
These are separate cases which do not have any connection with the divorce case.


4) do my wife oppose withdrawing of divorce case by any-mean.
Only she can decide about it, however, she may not oppose if she agrees for the terms of withdrawal.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. You can withdraw your divorce petition and offer to live with your wife but it  will have no effect on the maintenance order,

2. You may offer to live with your wife but your wife shall have to agree to live with you by withdrawing her DV petition. The order on you for paying the maintenance is already there so, unless that order is withdrawn, you shall have to pay. Here, your wife shall have to withdraw the DV case filed by her,

3. There will be no effect on the cases filed by your wife against you for your withdrawing the divorce case filed by you,

4. You have filed the case and can withdraw it. She has nothing to do with its withdrawal.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
If you are not a good terms with your wife how can you live with them. It may also make another DV case or 498A case. If think so settle the matter amicably. It is the duty of the husband to maintain his children and wife properly. Withdrawing a divorce case is not a bar to do the things properly. No one can oppose from withdrawing ,but they can claim damages due to unnecessary litigations. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Now she can get maintenance amount in one case if you pay in dv case then that amount will be adjusted.

1. If you withdraw the divorce case then till the withdrawal of the case you have to pay the maintenance amount.
2. In Rcr case the court can not grant divorce.but she may again file sec 24 for pendelite maintenance.
3. She may file another case under Hindu adoption and maintenance act and claim maintenance.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) you have to pay maintenance to your wife even if you with draw divorce petition 

2) RCR is useless . you cannot force your wife to stay with you even if you get a decree of RCR .

3) dont with draw your divorce case if wife is not willing to stay with you 

4) wife can file application under section 125 Cr Pc for maintenance 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Withdrawal of divorce petition will have no bearing on the maintenance order. The right to maintenance accrues to a wife even if she lived under the same roof with her husband. The judge can certainly force you to pay through his order, but you cannot be forced to live anywhere against your wish. DV and 125 will also remain unaffected by withdrawal of divorce.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, You wife can't claim maintenance in two separate proceedings so you have to file a memo stating either of the proceedings that i have paid the amount in one proceedings so she is not eligible to  claim the amount in both the proceedings and it will become double jeopardy.

2.  Filling a Restitution of conjugal right petition will not helpful to you, better you can file a divorce case against your wife.
3. After withdrawing of the divorce case also she can claim maintenance as per section 24 of the Hindu Marriage Act.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if i withdraw divorce petition what will happen to section 24 maintenance order. do i have to pay according to 24  order, even if i withdraw divorce case. 
The petition under section 24 HMA shall also remain closed on withdrawal of divorce case.


2) my wife is not willing to live with me in noida, can i file section 9 , what are chances to get divorce in RCR.
RCR is for restoring the conjugal relationship and not for divorce.  So what is your question by posting this?




3) can she claim amount maintenance ordered in 24 in any-other case
No, she cannot do it.  It will not be maintainable. 

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. While withdrawing the Divorce petition, the Judge will decide this matter and pass judgement accordingly. When you will file an application for withdrawal of the divorce petition, notice and a copy of the petition shall have to be sent to your wife also  and on the date of hearing , she may arrive and submit that she does not want to stay with you and the divorce petition may be allowed to be withdrawn subject to payment of monthly  maintenance to her,

2.You can file a RCR case which will take around  3/4 years to be disposed of and she may not join you inspite of court order and in rhat case it will be easier for you to get the decree of divorce,

3. She can claim maintenance later on also but in no case she can claim maintenance amount simultaneously and multiple times.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Are u mad or not .No retakes are available in life. We got only;little time to enjoy the life. Settle the matter soon and lead a happy life.
 It is the duty of the husband to maintain his children and wife properly. You can any time withdrawn the divorce but the maintenance you have to pay the amount.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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