#maintenancereduction

Can a husband reduce or cancel maintenance later in India? Know Section 146 BNSS, Section 127 CrPC, HMA Section 25, DV Act, Supreme Court cases, wife’s job, remarriage, adultery and changed circumstances.

NEW DELHI: Maintenance is not a life sentence against the husband.

It is not meant to punish a man forever. It is not meant to become permanent income without scrutiny. It is not meant to continue mechanically when circumstances have changed.

Indian courts have repeatedly recognised that maintenance is a measure of social justice. But social justice cannot become one-sided economic punishment. If the wife starts earning, remarries, hides income, receives maintenance in another case, obtains a divorce settlement, refuses to live with the husband without sufficient reason, or if the husband’s income genuinely falls, the maintenance order can be revisited.

The real question is not whether maintenance can be reduced or cancelled later.

The real question is: can you prove the changed circumstances before the correct court, with correct documents, under the correct provision?

CURRENT LAW: SECTION 125 CRPC IS NOW SECTION 144 BNSS

For years, people commonly referred to criminal maintenance as “Section 125 CrPC maintenance.”

After the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force from 1 July 2024, the corresponding provision is now Section 144 BNSS for new proceedings.

Section 144 BNSS deals with maintenance of wife, children and parents where a person having sufficient means neglects or refuses to maintain them.

But the law also recognises that life changes. Income changes. Employment changes. Marital status changes. Liabilities change. Court orders in other proceedings may also change the financial equation.

That is where Section 146 BNSS becomes important.

THE MAIN PROVISION: SECTION 146 BNSS ALLOWS ALTERATION OF MAINTENANCE

Section 146 BNSS is the new corresponding provision to old Section 127 CrPC.

It allows the Magistrate to alter maintenance or interim maintenance when there is proof of change in circumstances of any person receiving maintenance or ordered to pay maintenance.

This means maintenance can be:

increased;

reduced;

modified;

varied; or

cancelled in legally recognised situations.

The law does not say that once maintenance is fixed, the husband must pay the same amount forever.

It says the court can alter the amount if circumstances justify it.

WHEN CAN MAINTENANCE BE REDUCED?

Maintenance may be reduced when the husband proves a genuine and material change in circumstances.

Common grounds include:

1. Wife Starts Earning

If the wife gets a stable job or begins earning sufficient income, maintenance can be reduced or even stopped, depending on facts.

A wife’s mere educational qualification may not defeat maintenance. But actual income is different. A wife with regular salary, government employment, business income, rental income, or professional earnings cannot claim poverty as a matter of routine.

Courts examine whether her income is sufficient for self-maintenance and whether she still needs supplementary support.

2. Husband’s Income Falls Genuinely

If the husband loses his job, suffers business collapse, salary reduction, disability, medical crisis, or unavoidable financial burden, he can seek reduction.

But courts do not accept vague excuses.

A husband must produce documents such as termination letter, bank statements, ITRs, salary slips, medical records, loan documents, and proof of dependants.

A self-created loss or intentional unemployment may not help.

3. Earlier Order Was Passed On Incorrect Income Assumption

Many maintenance orders are passed on estimated income because one party fails to disclose properly.

If later documents show that the husband’s real income was wrongly assessed, he can seek modification.

But he must come with clean hands. Suppression of income by the husband can seriously backfire.

4. Wife Is Already Receiving Maintenance In Another Case

A wife may initiate proceedings under different laws, such as BNSS/CrPC, Domestic Violence Act, Hindu Marriage Act, or personal laws.

But she cannot enjoy double recovery without disclosure.

In Rajnesh v. Neha, the Supreme Court directed that previous maintenance orders must be disclosed, and courts should consider adjustment or set-off while deciding subsequent maintenance.

This is one of the most important judgments for husbands facing multiple maintenance proceedings.

5. Children Become Major Or Financially Independent

Maintenance for children may also be reconsidered when a child becomes major, starts earning, or where statutory entitlement changes.

However, major children with disability or special needs may still be entitled under law.

6. Wife’s Financial Position Improves

If the wife acquires property, receives inheritance, earns rent, starts a business, receives large settlement, or obtains substantial assets, the husband can seek reduction.

The burden is on the husband to prove this through reliable evidence.

WHEN CAN MAINTENANCE BE CANCELLED?

Cancellation is more serious than reduction. Courts do not cancel maintenance casually. But Indian law recognises clear situations where maintenance can stop.

1. Wife Remarries After Divorce

If a divorced wife remarries, her right to claim maintenance from the former husband generally ceases.

Section 146 BNSS specifically provides cancellation where a woman, after divorce, remarries.

This is also consistent with the settled principle that a divorced wife can claim maintenance only so long as she has not remarried.

2. Wife Is Living In Adultery

Under Section 144(4) BNSS, no wife is entitled to receive maintenance from her husband if she is living in adultery.

This does not mean one allegation is enough.

The husband must prove the conduct. Courts require evidence, not suspicion. One message, one photograph, or one rumour may not be sufficient unless it forms part of a strong chain of proof.

3. Wife Refuses To Live With Husband Without Sufficient Reason

Section 144(4) BNSS also disentitles a wife if she refuses to live with the husband without sufficient reason.

But this is fact-sensitive.

If the wife proves cruelty, second marriage, mistress, serious neglect, violence, or other just grounds, the court may still grant maintenance.

4. Parties Are Living Separately By Mutual Consent

If husband and wife are living separately by mutual consent, maintenance under this route may be denied.

But there is an important caution.

In Vanamala v. H.M. Ranganatha Bhatta, the Supreme Court held that a divorced wife who has not remarried is not automatically disqualified merely because the divorce was by mutual consent. “Living separately by mutual consent” in Section 125(4) CrPC was interpreted in context of subsisting marriage, not post-divorce status.

So husbands must not assume that mutual consent divorce automatically cancels maintenance unless the settlement and statutory conditions support that result.

5. Wife Receives Full Divorce Settlement Under Applicable Law

Section 146 BNSS recognises cancellation where, after divorce, the woman has received the whole sum payable under customary or personal law applicable to the parties.

Settlement clauses matter. Drafting matters. Proof of payment matters.

A vague oral settlement will not protect the husband.

6. Wife Voluntarily Surrenders Maintenance After Divorce

Section 146 BNSS also allows cancellation where the woman obtained divorce and voluntarily surrendered her maintenance rights after divorce.

But courts examine whether the surrender was lawful, voluntary, and supported by facts.

MAINTENANCE UNDER HINDU MARRIAGE ACT CAN ALSO BE CHANGED

Under Section 25 of the Hindu Marriage Act, 1955, permanent alimony can be varied, modified or rescinded if circumstances change.

Section 25(3) also allows variation, modification or rescission where the party receiving alimony remarries.

If the recipient is the wife and she has not remained chaste, or if the recipient is the husband and he has had sexual intercourse with any woman outside wedlock, the court may also revisit the order.

This applies to permanent alimony under HMA, not every maintenance order in every statute.

MAINTENANCE UNDER DOMESTIC VIOLENCE ACT CAN ALSO BE MODIFIED

Section 25(2) of the Protection of Women from Domestic Violence Act, 2005 allows alteration, modification or revocation of orders if there is a change in circumstances.

The Supreme Court has clarified that such change must relate to a period after the order. In simple words, you cannot use Section 25(2) to reopen earlier periods by pretending that later events existed earlier.

COURTROOM REALITY: WHAT ACTUALLY HAPPENS

A husband usually says:

“My wife is now earning. She has concealed her income. She is already receiving money in another case. My income has reduced. I have dependent parents and liabilities. The old order must be reduced.”

The wife usually says:

“My income is not sufficient. The husband is hiding income. My expenses have increased. I am entitled to the same standard of life. Maintenance should continue or increase.”

The court then asks the real question:

“Where is the proof?”

This is where cases are won or lost.

Maintenance is not reduced because a husband feels it is unfair. Maintenance is reduced when he proves changed circumstances with documents.

IMPORTANT SUPREME COURT PRINCIPLES

Rajnesh v. Neha

This is the leading judgment on maintenance disclosure, overlapping proceedings, adjustment and realistic assessment.

The Supreme Court made financial disclosure affidavits important and directed that previous maintenance orders must be disclosed in later proceedings.

This helps husbands who face multiple cases and duplicate maintenance demands.

Bhagwan Dutt v. Kamla Devi

The Supreme Court recognised that the wife’s own income and means can be considered while deciding maintenance.

Maintenance is meant to prevent destitution, not create unjust enrichment.

Rohtash Singh v. Ramendri

The Supreme Court held that a divorced wife can claim maintenance if she has not remarried and is unable to maintain herself.

This is important because divorce alone does not automatically end maintenance.

Vanamala v. H.M. Ranganatha Bhatta

The Supreme Court clarified that mutual consent divorce does not automatically disqualify a divorced wife from claiming maintenance if she has not remarried.

This is a warning against social media half-knowledge.

DOCUMENTS A HUSBAND SHOULD COLLECT BEFORE FILING REDUCTION OR CANCELLATION

A husband should prepare:

salary slips;

ITRs;

bank statements;

termination letter or business-loss documents;

loan and EMI records;

medical records;

proof of dependent parents;

proof of wife’s employment;

wife’s salary slips, if available;

LinkedIn or public employment records;

company records;

property documents;

rent records;

proof of remarriage;

certified copies of previous maintenance orders;

settlement deed;

proof of full payment;

evidence of concealment;

school fee and child expense records.

Do not file a weak application based only on anger.

File it based on evidence.

WHERE SHOULD THE APPLICATION BE FILED?

If the maintenance order was passed under old Section 125 CrPC, alteration was under Section 127 CrPC.

For new BNSS matters, the corresponding provision is Section 146 BNSS.

If the order is under HMA Section 25, file before the matrimonial court under Section 25(2) or 25(3), as applicable.

If the order is under the Domestic Violence Act, file under Section 25(2) DV Act before the appropriate Magistrate court.

Wrong forum means delay. Delay means arrears. Arrears mean coercive proceedings.

CAN ARREARS ALSO BE CANCELLED?

Usually, reduction or cancellation operates from the date directed by the court. Arrears already accrued are not automatically wiped out.

If there is a settlement, appeal, revision, recall, or specific statutory ground, the court may examine the matter.

But husbands should not assume that filing a reduction application automatically stops old dues.

Unless the court modifies or stays the order, compliance remains important.

FINAL WORD

Maintenance can be reduced. Maintenance can be cancelled. But not through shouting, social media posts, or emotional arguments.

It is done through law.

It is done through Section 146 BNSS, Section 127 CrPC, Section 25 HMA, Section 25 DV Act, and other applicable provisions.

The husband must prove changed circumstances.

The wife must disclose her true income and previous maintenance orders.

The court must balance need, capacity, lifestyle, liabilities and fairness.

Maintenance law is not meant to destroy men. It is meant to prevent destitution. When destitution ends, concealment begins, remarriage happens, income improves, or facts change materially, the order must also be capable of changing.

That is the law.

FAQs

1. Can maintenance be reduced later in India?

Yes. If there is proof of changed circumstances, maintenance can be reduced under Section 146 BNSS or Section 127 CrPC, depending on the case.

2. Can maintenance be cancelled if wife gets a job?

It can be cancelled or reduced if her income is sufficient for self-maintenance. Mere qualification is not enough; actual income matters.

3. Does divorce automatically stop maintenance?

No. A divorced wife may still claim maintenance if she has not remarried and cannot maintain herself.

4. Can wife take maintenance in multiple cases?

She can file under different laws, but previous maintenance orders must be disclosed and adjusted to prevent double recovery.

5. Can maintenance stop if wife remarries?

Yes. A divorced wife’s remarriage is a strong statutory ground for cancellation of maintenance from the former husband.

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