If a chance in the circumstances is shown on the part of wife, divorced wife, child or parent, in whose favour a maintenance order has been made, the Magistrate has the power to enhance the amount of maintenance, as he thinks fit, but in no case the monthly rate of allowance can exceed the statutory limit of Rs. 500.
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Similarly, it seems, the amount of maintenance can be decreased if the person against whom an order of maintenance has been passed establishes a change in the circumstances of himself (such as when he has retired or ailing in a hospital and cannot, therefore, afford to pay the same rate of maintenance) or change in the circumstances of the claimant (such as wife getting a job or inheritance, or a child getting an employment).
ADVERTISEMENTS:
In the following cases, an award of maintenance made in favour of a divorced wife may be cancelled:
(a) When the divorced wife had remarried, the order of maintenance may be cancelled from the date of remarriage.
(b) A wife in whose favour a maintenance order has been made by the Magistrate is divorced by her husband, and who has received, whether before or after the date of the maintenance order, the whole of the sum which under any customary or personal law applicable to the parties, may be payable on such divorce, cancel such an order:
(i) In such case where such sum was paid before such order, from the date on which such order was made;
ADVERTISEMENTS:
(ii) In any other case, from the date of the expiry of the period, if any, for which maintenance has been actually paid by the husband to the wife.
(c) When the wife has obtained divorce from the husband and has voluntarily surrendered her right to maintenance after her divorce.
Clauses (a) and (c) present no difficulty of interpretation. Both these eventualities are brought about by voluntary and irrevocable acts on the part of the wife. In the former case by remarriage she forfeits her right of maintenance and in the latter case she voluntarily obtains divorce from her husband and surrenders her right of maintenance. It is clause (b) which has caused some difficulties and we would presently devote our attention to it.