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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Can maintenance be reduced if the paying spouse loses their job or income falls? is governed in India primarily by Hindu Marriage Act 1955, Section 25, Bharatiya Nagarik Suraksha Sanhita 2023, Section 146 and Code of Civil Procedure 1908, Section 151. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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.

What to do next: 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 — most remedies under Hindu Marriage Act 1955, Section 25 carry limitation periods, and a delay you cannot explain 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 this practice area.