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Arvind Singh Chauhan (advocate)     23 April 2010

IGNORED QUERY

Sir my client was ordered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- according to Uttarakhand's stete amendment. My client's wife has applied to court for enhancement for Rs 2000/-.
                                                       Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which might be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act. Now court can enhance only up to Rs 500.
                                                        Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.



Learning

 2 Replies


(Guest)

Arvind - I think you are wrong.  The ceiling fixed in the section limits the power of the magistrate to grant maintenance upto the ceiling.  However grant of maintenance is not dependant on the ceiling.  However the ceiling cannot be exceeded.  Grant of maintenance depends upon various other factors. Now if the circumstances has changed wife is within her right to seek an higher maintenance which can be granted upto the present ceiling of Rs.5000/-.


(Guest)

Arvind,
May I ask as a general public why you asked the same question again after 23 days which was replied by me and others and moreover you thanked me in link https://www.lawyersclubindia.com/forum/Re-EFFECT-OF-AMENDMENT-125-Cr-P-C-/16267/ ?
It seems you donot understand S. 125 CrPC at all. I am not apologitic here.
Rgds.


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