Asked July 14, 2019

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  • 2 Answers

Seeking opinion for filing application under changed circumstances. In final order under the Domestic Violence Act Magistrate Court had fixed maintenance to wife at Rs.10000/- P.M. and it was confirmed by Sessions Court when I was unemployed based on presumption of earning capacity.(Not on actual income proof) Now four years later I have got employment and total income from all sources to be 9000/- P.M.only Which Court will entertain application for modification of Maintenance amount due to changed circumstances.with documents for income proofs? Magistrate Court where trial was held Or Session Court where appeal was disposed. Or High Court Under what section should the application / petition filed.?

Answers 2

It is trial court i.e. magistrate court where you can file application for modification of order on the ground of changed circumstances. Only trial court will adjudicate your issue. Consult with details. Siddharth Srivastava 9811776422

Agree Comment 0 Agrees about 2 years ago

Dear Sir,

Due to developed circumstances you can move an application for varying the earlier orders by the same Magistrate.  

Agree Comment 0 Agrees about 2 years ago

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