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sanjay (prop)     19 September 2011

125 interim maintance enhancement

Respected Sir,

                 My divorce petition was dismissed on 31/1/2010. but before that my wife was applied for enhancement of interim maintance in sec 24 pendalite. in session court judge increase from 5000 to 6000/- my wife went for appeal in high court against that order. high court increase the amount from 6000/ to 15000/-. but to bepaid until divorce petition dismissed.(31-1-2010). now my  wife applied for the enhancement in sec 125 on the basis of this order.

      In sec 125 inerim maintance was orginally 4500/- which increased by session to 5500/p.m. now i am paying ther 5500/ p.m. now they want interim enhancement from 5500 to 15000/- somebody told me that lower court cannot increase again interim enhancement. Case is on cross exmination stage. pl. give me citations that lower court cannot enhance interim maintance again. ?



Learning

 2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2011

There are no such judgements, it is a matter of changed circumstances, where the court can take decisions as per the pleadings, evidence and requirements

 

This need strong arguments from your lawyer.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Arif Iqbal (Advocate)     10 October 2011

I agree with Mr Shonee Kapoor


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