Nitish Banka

    • What if I lose my job after the lock down will I be paying my wife maintenance?

    This time is the worst of economic times the world is facing and the world will be going to face recesssion after the economy is free from the lockdown.

    A lot of husband will be losing jobs and since maintenance orders are in place and they are obligated to pay to the husband.

    Getting unemployed and being jobless is an excuse to not to give the maintainance?

    Once the order under section 125 CrPC is passed and is not challenged it can be modified under section 127 CrPC.

    Since there are very extraordinary times we can see if courts can get sensitive towards the issue that Husband who becomes unemployed or losses his job after lock down and recession.

    In the past courts were not very sensitive towards this issues and did not give any relief or very small relief in case husband files an application under section 127CrPC

    Since husband is healthy and able bodied he cannot be relieved from the legal obligation to maintain wife.

    In Another case

    T. Kausalya vs T. Narayana Reddy And Anr. on 16 September, 1997Equivalent citations: 1997 (6) ALD 537, 1997 (2) ALD Cri 740, 1998 (1) ALT Cri 254, 1998 CriLJ 1795

    that is, his retirement from service and getting a monthly pension of Rs. 3,000/- only, what is a just and reasonable amount that has to be ordered to be paid towards the maintenance of his wife ? As seen from the impugned order the learned Judge reduced the maintenance from Rs. 500/- to Rs. 100/- per month. But considering the facts and circumstances in this case it is a very meagre amount and as such the same is liable to be set aside. I am of the opinion that it will meet the ends of justice if the husband is directed to pay maintenance at the rate of Rs. 250/- per month instead of at the old rate of Rs. 500/- per month and also if it is ordered to come into effect from 16-2-1996 i.e. the date of the order passed in M.C. No. 7 of 1996.

    But now since the times are extraordinary the courts must become sensitive towards the issue of money losing its value, unemployment and recession in assessing and modifying maintenance orders.