There are two conditions in which the court may rescind its order for alimony and maintenance. They are provided in clauses (2) and (3) of Section 25.
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According to clause (2) of the Section if the court is satisfied that there is change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party vary, modify or rescind any such order in such manner as the court may deem just.
ADVERTISEMENTS:
Clause (3) of the Section lays down that if the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or if such party is husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
There must be some material change in the circumstances of the parties after the passing of the order in order to attract clause (2) of Section 25. The court should hesitate in modifying, varying or rescinding an order already passed in cases of slight and negligible alteration in their circumstances.
If the husband had higher income at the time of the decree but became indigent later on and is not in a position to pay the sums towards the maintenance the court may reduce the maintenance. Similarly, if the wife gets an employment and earns a substantial income sufficient to maintain herself, the court may rescind the order or decree granting maintenance.