Enhancement of maintenance u/s 127 cr.p.c.
Meg Nath Sharma
(Querist) 18 March 2013
This query is : Resolved
Sir
I was paying monthly maintenance of Rs. 2000 per month to my wife from 2001 to 2009 as per court order.
We mutually decided to terminate our marriage invoking section 13(b)of Hindu Marriage Act and accordingly marriage terminated. we had a minor son of 14 years at that time and was in my custody before and after the decree. my wife voluntarily withdrawn from taking any future maintenance after the decree of Divorce. I educated the said son upto class xii who had a very rude behaviour and used to quarrel with my first wife and sometimes used to hit with fists and blows. Later on in the year 2012 he went to his mother's place. I continued to provide him monthly expenses of Rs, 2000- 3000 per month for his studies. Surprisingly, my wife and my son who is majour now filed a suit against me for their maintenance under section 127 of Cr.PC.,
will i be liable to pay maintenance again? am a primary teacher...and she has not married again.
kindly help
MN Dhungel
Devajyoti Barman
(Expert) 18 March 2013
If your son is now 18 years then he is not entitled to any maintenance.
However your wife is so entitled especially she remains unmarried and not employed.
She is entitled to enhancement of maintenance as well. rs 2000/- is in no way sufficient to take are of one's expenses.
V R SHROFF
(Expert) 18 March 2013
ADULT SON IS NOT ENTITLED TO ANY MTN.
ADULT SON ALSO HAVE LIABILITY TO SUPPORT HIS MOTHER.
So you raise this point in defence.
Over and above, if your consent term 13b do not provide any raise, Consent Term remains binding.
Sec 125 does not attract those wife, who voluntarily and willingly live separately.
In your case, you had not driven her out of mat home; She separated on her consent.
Once 125cr p c not attracted, question of 127 do not arise.
Raj Kumar Makkad
(Expert) 18 March 2013
Your son if is a student then he can demand maintenance from you even if he is above 18 year of age. There are a number of such judgments. Both mother and son can legally get the enhancement of the already provided maintenance to them in the changed circumstnaces.
Devajyoti Barman
(Expert) 19 March 2013
The original order can only be modified now but not challenge.
