Is wife's maintenance amount permanent, or can it be revoked later?

The maintenance amount ordered by a court is not always permanent and can be revoked, modified, or canceled later under specific circumstances, as provided under Indian law. Both Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and personal laws governing different religions recognize the dynamic nature of maintenance, allowing for changes in the maintenance order based on changing conditions.

Maintenance is not permanent and can be revoked or altered under changing circumstances. If the wife remarries, earns a substantial income, or engages in misconduct such as cruelty or adultery, the husband can file a petition to revoke maintenance.

This guide details when and how the maintenance amount can be revoked or modified, the legal provisions applicable, relevant case laws, and what steps a husband can take.

1. Legal Provisions for Revoking or Modifying Maintenance

(a) Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)

Section 146 BNSS empowers the court to alter, modify, or cancel the maintenance amount if there is proof of a change in circumstances after the original order of maintenance was passed.

Key Grounds for Modification or Revocation Under Section 146 BNSS:

1. Change in Wife’s Financial Status:

If the wife becomes financially independent, employed, or inherits property, the husband can request a reduction or cancellation of maintenance.

2. Change in Husband’s Financial Capacity:

If the husband’s financial condition deteriorates due to unemployment, a decrease in income, or increased responsibilities, the amount can be reduced.

3. Wife Remarries:

If the wife remarries, the maintenance order may be revoked entirely since her new husband is responsible for her financial upkeep.

4. Wife Living in Adultery:

If the wife is found to be living with another man or engaging in adulterous conduct, she loses the right to claim maintenance under Section 144(4) of the BNSS.

5. Wife’s Misconduct (Desertion without Reason):

Maintenance can be revoked if the husband proves that the wife deserted him without reasonable cause.

(b) Under Personal Laws

Hindu Personal Laws (Hindu Marriage Act, 1955)

- Section 25(2):

Under this section, the court may modify or revoke the permanent alimony and maintenance order based on changes in circumstances of either party.

- Example: If the wife obtains a well-paying job or remarries, the maintenance amount can be canceled.

- Similarly, if the husband faces a severe financial loss, he can seek a reduction.

Muslim Personal Law

- Under Muslim law, maintenance generally ceases if the wife remarries, becomes financially independent, or when the period of Iddat (post-divorce waiting period) ends.

Christian and Parsi Laws

- Christian laws under the Indian Divorce Act, 1869 and Parsi laws under the Parsi Marriage and Divorce Act, 1936 also allow modification or revocation of maintenance based on the financial or personal status of either party.

2. Circumstances Leading to Revocation or Modification of Maintenance

(a) Wife’s Financial Independence

If the wife starts earning sufficiently to maintain herself, the court can revoke or reduce the maintenance amount.

- Evidence Required:

- Salary slips, bank statements, employment records.

- Proof of business income or inheritance.

Judicial Support:

In Ravi Kumar v. Julmi Devi (2010), the Supreme Court held that if a wife is capable of earning or is already earning, she cannot claim maintenance indefinitely.

(b) Wife Remarrying

If the wife remarries, her right to claim maintenance ends since her new husband becomes legally bound to support her.

Legal Provision:

Under Section 144(4) of the BNSS, a wife who remarries loses her entitlement to maintenance from her former husband.

Judicial Support:

In Vanamala v. H.M. Ranganatha Bhatta (1995), the Supreme Court clarified that maintenance under Section 125 Cr.P.C / 144 BNSS ceases upon remarriage of the wife.

(c) Wife Living in Adultery

If the wife is found living in adultery, she forfeits her right to maintenance under Section 144(4) BNSS. The husband needs to provide evidence proving her misconduct.

- Evidence can include:

- Witness statements.

- Photographic, written, or electronic proof.

Judicial Support:

In Girish v. Rajeshwari (2019), the court ruled that the wife living in adultery forfeits her right to claim maintenance.

(d) Husband’s Deteriorated Financial Condition

If the husband becomes unemployed, suffers a significant reduction in income, or faces heavy liabilities (e.g., supporting dependent parents or children), he can petition for a reduction in maintenance.

- Evidence Required:

1. Proof of income loss (salary reductions, business losses).

2. Proof of increased expenses or liabilities.

Judicial Support:

In K. Sivakumar v. V. Savithri (2009), the court reduced the maintenance amount after the husband proved a significant decrease in his financial status.

(e) Misrepresentation or Concealment of Facts

If the wife obtained maintenance by concealing her employment or income, the husband can move the court for cancellation of the order.

Judicial Precedent:

In Ramesh v. Kavita (2017), the court observed that deliberate concealment of the wife’s income could lead to a revision or cancellation of maintenance.

3. Legal Procedure for Revocation or Modification

To revoke or modify the maintenance order, the husband must:

1. File an Application in the Same Court:

- The application for alteration under Section 146 BNSS or relevant personal laws must be filed in the same court that passed the original maintenance order.

2. Provide Evidence of Change in Circumstances:

- Submit relevant documents and proofs (e.g., wife’s income, remarriage, adulterous conduct, or personal liabilities).

3. Attend Court Proceedings:

- Both parties will present their evidence and arguments.

- The court will evaluate the circumstances before altering the order.

4. Obtain the Court Order:

- The court may reduce, revoke, or cancel the maintenance based on the merits of the case.

4. Key Points to Note

1. Maintenance Is Dynamic:

Maintenance orders are not permanent and can be revisited based on genuine changes in circumstances.

2. Burden of Proof:

The husband must provide concrete evidence to prove grounds for revocation or reduction of maintenance.

3. Remarriage Ends Maintenance:

Once the wife remarries, maintenance ceases by default.

5. FAQs

Q1. Can the court reduce maintenance if the wife starts earning?

Yes, if the wife becomes financially independent or secures employment, the court can reduce or cancel the maintenance amount.

Q2. Does the husband still need to pay if the wife remarries?

No, the husband’s obligation to pay maintenance ends if the wife remarries.

Q3. Can the husband stop paying maintenance if he becomes unemployed?

The husband must approach the court under Section 146 BNSS to seek a reduction or revocation. He cannot unilaterally stop payments.

Q4. What happens if the wife concealed her income earlier?

If the wife concealed her income while claiming maintenance, the husband can petition the court for cancellation of the maintenance order.

Q5. Can maintenance be revoked if the wife lives in adultery?

Yes, under Section 144 (4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a wife living in adultery is not entitled to maintenance.

Conclusion

The maintenance amount ordered by a court is not absolute or permanent. Section 146 BNSS and provisions under personal laws empower husbands to seek revocation, reduction, or cancellation of maintenance based on a change in circumstances. Grounds such as the wife’s remarriage, financial independence, adultery, or the husband’s diminished income are recognized by the courts to ensure fairness and justice for both parties.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

www.jsrohilla.in