My wife was getting maintenance @Rs.3000 p.m. in CrPC 125. The order of CrPC 125 is dated 21.02.2011 in which she has alleged my income as Rs.30000 p.m. and the Ld. Court ordered maintenance @Rs.3000 p.m. considering my income as Rs.30000 p.m. (the order was ex-parte).
Now with in 1 year (13.01.2012) she has filed CrPC 127 for enhancement of maintenanceciting 'change of circumstances'. In her petition she has provide a copy of my pay slip which mentions my gross salary as Rs.32369 p.m. and alleged that i have other income sources like interest from property also and my total income is more than Rs.40000 p.m.. But after deduction i recieve Rs.20000 p.m. (approx). I have no other source of income.
I would like to know that:
1. Cane she file CrPC 127 with in 1 year of the order of CrPC 125?
2. In the order of CrPC 125 the Court has order maintenance @Rs.3000 p.m. considering my income Rs.30000 p.m. . Whether the same court will enhance it on the basis of gross salary of Rs.32369 p.m.?
3. Can I file CrPC 340 against her for lying that I have income from property (I have no property)?
4. Can the ‘circumstances changes’ in less then 1 year so as to ask for enhancement of maintenance (she left me after 11 months of marriage and we have no children)?
5. She got admitted to a primary teachers training college after deserting me without my knowledge and consent. She is asking for the expenses of the course. In the college records her father is her guardian. Only in court cases she is mentioning me as her guardian. Whether the Court will consider this as ‘change of circumstances’?
6.I am getting enrolled to complete my higher studies. will the Court consider this as my liability?
