127 crpc
Suraj Kumar
(Querist) 19 October 2015
This query is : Resolved
SIR,
The fact is:
1. Wife leave matrimonial home.
2. She file maintenance case u/s 125 crpc against wife and maintenance granted.
3. Husband file divorce case on ground of cruelty and divorce is granted.
4. Wife file 127 crpc for enhancement of maintenance amount.
5. Husband oppose 127 crpc file by wife stating there is no neglegency and refusal to maintain wife from his part as per the judgement where divorce is granted by court, so wife is not entitled for any maintenance.
Sir,
What may be the outcome of the case ?
Anirudh
(Expert) 19 October 2015
It will all depend upon the facts that have been pleaded.
If the Court comes to the conclusion that the wife has to be paid enhanced maintenance it will award it otherwise not. That's all. There is no mathematical formula here.
V R SHROFF
(Expert) 19 October 2015
case will be decided on merit.
in this Women Oriented Laws, do not expect "no maintenance"
however Quantum may not be increased on proof.
If your income had gone up, and also her expenditure, court may allow her application.
Rajendra K Goyal
(Expert) 19 October 2015
Without referring full case file nothing can be guessed.
Decision depends on merit of the case.
K.S.Srinivas
(Expert) 20 October 2015
The husband's economic progress alone cannot be subject matter of filing any application under section 127 Cr.P.C. for enhancement. Assuming that there exists some right or semblance of right, then also, unless & until it is established beyond doubt that the wife is unable to carry out her regular life out of maintenance amount agreed upon in a civil court.
In view of the above, enhanced maintenance may not be granted by the court.
