2 Answers
Dear client, as per your query, to deal with this situation from a legal perspective, file an application immediately under Section 146 of the new BNSS (Section 127 of the CrPC) to modify, suspend, or set aside the maintenance order. Submit the complete medical history and evidence of your cancer and that you are unable to work, showing a genuine change of circumstances. Regarding the arrears, apply to the court to permit payment in installments or stay the recovery on account of your serious health condition. If you cannot afford a lawyer, Free Legal Aid is available through NALSA or your District Legal Services Authority (DLSA). I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Sir,
If the maintenance order was passed 10 years ago, you can seek modification under:
Section 127 Cr.P.C. (if order is under Section 125 Cr.P.C.)
Relevant provisions of Hindu Marriage Act (if it is under HMA)
Ground: Change in circumstances
Serious illness like cancer, loss of income, medical expenses — all are valid grounds.
Courts consider:
Present income
Medical condition
Treatment expenses
Ability to work
Attach:
Medical records
Cancer diagnosis reports
Treatment bills
Income proof (if income reduced)