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kandarp1986 (techni)     16 March 2017

Increase in interim maintanence

dear expert

   i am paying interim maitanence of 16000 k every month. i went to high court against that order but high court granted that amount as child is having some heath issues. now she is demanding increase in interim maintanence from family court.she has given all bills of payemtns of illness with non ileness bills  just to show increase the in child expences. my question is

can she demand increase in interim maintanence? ..as high court said that for this illness 16 k is justified.

 



Learning

 9 Replies


(Guest)

Take care of kid man.  What kind of father are you? Shameless fellow asking about alimony.  Instead of that bring back wife, keep wife under control, dont spoil life of child.

2 Like

kandarp1986 (techni)     16 March 2017

after doing every effort i hav no option but divorce..pls advice on subject..


(Guest)

You can give application to reduce maintenance. It is left to court discretion whether to reduce or to increase. Many a time, biased women favouring judge (most proably whose daughter has got divorced) will increase the alimony awarded than decreasing it, giving its own findings.  It is best that you keep paying what you are paying.  If wife given pettion to increase it will be looked into and decided based on merits. But there is always a chance of biased judge giving favorable judgement to woman.

2 Like

kandarp1986 (techni)     16 March 2017

thank helping hand..i have objection for paying more only because she earns 1.5 times more than me..now she only wants more money..thought as u said the judge is inclined to give more maintanence..

A walk alone (-)     17 March 2017

You can give application to reduce maintenance. If you have her salary or source of income proof you can also attached. You can also show yourself as jobless or low income. You can also show your responsibilities or loan proof you can also attached . If you have evidence related to her job and income it will help you .One more way pay her one-time alimony and get rid of her forever.

Born Fighter (xxx)     10 May 2017

did you ask court to split the maintenance between you and wife as Child maintenence is co-extensive.

If you have not done that court would have taken advantage of your own admission to take care of child expenses and awarded high maintenance.

There are orders where the court has awarded high maintennace to the child in a way so that earning wife enjoys a part of money you pay for the child. 

You should properly draft a petition and show ur expenses and her income and ask court to split maintenance amount between u n wife. if the wife is earning 1.5 times the husband then wife should contribute.

 

 

Born Fighter (xxx)     13 May 2017

read my reply https://www.lawyersclubindia.com/forum/Enhancement-of-maintenance-to-girl-child-149787.asp

kandarp1986 (techni)     31 May 2017

thnks all for reply...

 the family  court ordered  4 k increase in interim maintanence...i have gone to high court against thaat decision..case will come on board after vacation...meanwhille she has also asked for maintanence in domestic violance case and that court will give its judgement in next week..i hav told criminal court that she has already filed this case in family and incrase in iterim maintance is given...my question is...if criminal court also gives maintance will i have to pay both amounts? or higher amount shuold be paid?

can u gie me supreme court judjment for denying multiple maintance when the interim is already given...i m from gujarat..


(Guest)
Originally posted by : kandarp1986
thnks all for reply...

 the family  court ordered  4 k increase in interim maintanence...i have gone to high court against thaat decision..case will come on board after vacation...meanwhille she has also asked for maintanence in domestic violance case and that court will give its judgement in next week..i hav told criminal court that she has already filed this case in family and incrase in iterim maintance is given...my question is...if criminal court also gives maintance will i have to pay both amounts? or higher amount shuold be paid?

can u gie me supreme court judjment for denying multiple maintance when the interim is already given...i m from gujarat..

There is Gujrat HC judgement regarding this.  You search in LCI.

 


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