Maintenance ... .. . . .
G. ARAVINTHAN
(Querist) 29 October 2012
This query is : Resolved
Wife was deserted from January 2010
Wife filed M.C. under Sec 125 Cr.P.C in june 2010 claiming maintenance from the date of desertion
Till date no interim order has been passed and the application is still pending
Now salary of Husband increased..
a) Can wife file a new maintenance case under Section 125 Cr.P.C for future maintenance ... i.e from July 2010?
b) Can a suit be filed against a husband for maintenance?
i) can salary be attached for maintenance?
ii) can ask a prayer for arrears of maintenance?
ajay sethi
(Expert) 29 October 2012
since applicaton is pending no fresh application can be filed . in old application during arguments draw attentiion of court to fact that husband has increased and till date no money has been paid as maintenance . . order will be passed to pay maintenance from date of filing of application
Devajyoti Barman
(Expert) 29 October 2012
For 2 years the interim order is not passed, quite surprising to know.
Do get the interim order first and then go for modification u/s 127 crpc.
Suit for maintenance would not give desired result.
Yes salary can be attached.
G. ARAVINTHAN
(Querist) 29 October 2012
any citation from Supreme Court for attachment of salary?
ajay sethi
(Expert) 29 October 2012
visit indian kanoon website for judgements
