Can maintenance be reduced if the paying spouse loses their job or income falls?

Question

I have lost my job and can no longer pay the maintenance amount fixed by the court. Can I get the amount reduced? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Can maintenance be reduced if the paying spouse loses their job or income falls?" turns on Hindu Marriage Act 1955, Section 25, Bharatiya Nagarik Suraksha Sanhita 2023, Section 146 and Code of Civil Procedure 1908, Section 151. The points below set out the position and then what to do about it, in the order it should be done.

Section 25 of the Hindu Marriage Act expressly permits the court to vary, modify or rescind a maintenance order at any subsequent stage if it is satisfied that there has been a material change in the circumstances of either party, which includes a genuine and involuntary loss of income.

Under Section 146 of the BNSS, a magistrate can similarly alter a maintenance order on proof of a change in the circumstances of the person paying or receiving maintenance, though the burden is on the applicant to prove the change is genuine and not engineered to evade the obligation.

Courts distinguish between a genuine, verifiable loss of income and a deliberate or temporary reduction in declared income intended to defeat the maintenance order, and will scrutinise resignation, self-employment income and asset transfers closely.

A person seeking reduction must approach the court promptly rather than unilaterally stop payment, since unilateral non-payment can trigger execution and even imprisonment proceedings under Section 146 despite a genuine change in circumstances.

Courts may grant a temporary reduction or a moratorium rather than a permanent cancellation if the change in circumstances, such as a temporary job loss, is likely to be resolved within a reasonable period.

Practical steps: 1) File a formal application for modification of the maintenance order citing the change in income; 2) Support the application with termination letters, bank statements and proof of job search efforts; 3) Continue paying whatever amount you can afford while the modification application is pending; 4) Avoid unilaterally stopping payments, as this can expose you to execution proceedings and arrest.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Hindu Marriage Act 1955, Section 25 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.