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Mayank Mittal (Consultant)     21 July 2011

Enhancement of Interim Maintenance

I'm told that u/s 24 there is no explicit mention of the facility of enhancement of interim maintenance granted to the spouse.

However, Courts have been ordering enhancements - specially when the cases pertain to the maintenance of children from the wedlock.

I need to know are there cases which have been rejected by the Supreme Court which were filed for enhancement, when there are no children involved, on the basis of the increase in income of the defendent?

I'm trying to defend my case wherein the wife has filed for enhancement of maintenance based on the fact that the income of the husband has gone up. Is that sufficient ground? Are there Supreme Court verdicts against such enhancement cases?

Thanks



Learning

 1 Replies

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     21 July 2011

Hi,

 

Husband's salary increase in not a ground to enhance the interim maintenance as it is for meeting the basic needs of the wife and kids if any. If the present maintenace is not enough to look after her and kids, she can claim to enhance the maintenance.


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