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chandra prakash (ASST.)     25 June 2013

Alteration in maintenance

QUERY :-

MAINTENANCE OF RS. 4500 PER MONTH,  u/s 125 WAS DECIDED BY THE COURT IN THE YEAR 2007 ON THE BASIS OF MUTUAL CONSENT OF THE PARTIES. THE NON-PETITIONER DID NOT REVEAL TO THE COURT ANY INFO ABOUT HER JOB THOUGH SHE WAS WORKING IN A PRIVATE SCHOOL. AND IN THE YEAR 2010, SHE FILED AN APPLICATION u/s 127 CrPC FOR ENHANCEMENT OF THE MAINTENANCE AMOUNT TO Rs. 15000 WHICH IS PENDING TILL DATE. MEANWHILE, THE PETITIONER(HUSBAND) CAME TO KNOW THAT SHE WAS WORKING SINCE THE YEAR 2005 TILL DATE AND  BROUGHT THE PROOFS OF HER JOB ( WORKING) FROM YEAR 2005 TO 2010 WHICH MEANS SHE HAD NOT EARLIER FILED AND GOT DECIDED THE APPLICATION BEFORE THE COURT WITH "CLEAN HANDS." SHE IS STILL WORKING IN A SCHOOL BUT THE HUSBAND IS NOT ABLE TO BRING OUT THE PROOFS ABOUT HER PRESENT JOB.

NOW THE QUESTION IS, (1) IF SHE PROVES THE INCREASE IN THE HUSBAND'S SALARY, CAN THE MAINTENANCE ALLOWANCE BE ENHANCED? (2) CAN THE HUSBAND GET CANCELLED THE MAINTENANCE ALLOWANCE ? IF YES, ON WHAT GROUND?

PLS SUGGEST.



Learning

 5 Replies

2BHelpfull (Other)     25 June 2013

submit the proof that she earning from the year 2005 to  even today and also her education quaalification and if she is earning reasonnable amt then no enhancement of maintanance will be entertain .

 

awarding maintanance is at discretion of court but the evidance has significant effect on the case.
 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 June 2013

A woman or man stops getting maintenance from his/her spouse once s/he gets remarried unless they have a child.

HK_Jain... (498a Fighter)     26 June 2013

merely enhancement in Salary is not a ground for increase in maintainance.

And second thing It was mutually agreed amount.

Just collect the proof of her jobs via RTI or any other means and fight on merit.

Shazz (Marketing Executive)     04 July 2013

I Am from a Muslim Family and have given divorce to my first wife, as per the Muslim personal law board and made Talak agreement payed her alimoney and she has signed on the agreement that she will not file any legal case against me.

Now I need to known on that bases can I get the devorce decree, if yes what are the procedures. Need to remove her name from my Passport.

Please guide me.

HK_Jain... (498a Fighter)     18 July 2013

@shazz

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