Maintenance
indranil saha
(Querist) 27 March 2017
This query is : Resolved
Sir previously i said about my divorce case .....as present situation my wife already awarded a maintenance of rs 7000 pm from lower court u/s 36 of SMA, I being dissatisfy again moved a civil revesion where i was awarded Rs 6000 pm and i am paying that til date . In this 6000 pm high court clearly break 3000 each to mother and my minor daughter . Now after 5 month she again filed a 125 Crpc against me and mentioned the High court order that she is not satisfy with 6000 rs and claimed enhance ment and as well as litigation cost . I already paid her a litigation cost of rs 15000 thousand .
My querry is sir can she claim enhancement in 125 crpc as well as litigation cost where already high court decided and awarded her with 6000 pm and a litigation cost of rs 15000 .
My lawyers are forcing and they said which ever is higher amount i have to pay that.
My dates are nearby pls help me sir
.adv indranil saha.kolkata.
adv. rajeev ( rajoo )
(Expert) 27 March 2017
She can claim for enhancement, but you have to show that you are not able to pay anything more than the maintenance awarded already. You have to show what are your responsibilities.
Rajendra K Goyal
(Expert) 29 March 2017
Agree with the expert adv. rajeev ( rajoo ).