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T.V.Narasa Lakshmi (Advocate)     08 March 2013

Enhancement of maintenance

sir, plclarify my doubt. My client recived the notice from petitioner stating that she want the maintenance to be increased from 3000 to 20000pm. the petitioner working in an pvt firm drawing salary of 9000/- pm n getting two flats rent to her mother n herself (both flats in the name of father who is expired n mother drawing pension). she is not having any child fromher marriage. now, she is claimng for IM for 20000pm  from 3000/-which isalready paying permonth to her. Is it possible fo my client to pay the amount because she is  Post Graduate n having PGDip in Comp degree n working in NGO organisation drawing 9000/-pm .he is having assets( share in immovable property) which got from her fathers property as legal heir..

kindly suggest howto proceed n file the case incourt by my client. My client again got married n having a child  after this divorce. he used to maintain his wife n daughter who is studying in highschool. n he is drawing only 26000/- pm after all deductions from his salary.



Learning

 1 Replies

Tajobsindia (Senior Partner )     08 March 2013

If ex wife of your client is drawing an income 9 K + has other source of income i.e. from 2 flats rent then she cannot be allowed to use ‘change of circumstances’ to enhance maintenance as it is sufficient ir-respective your client who is now married second time is drawing 26 K r/w has share in inherited properties or not.

You need to plead facts in favour of your client to get his ex wife’s enhancement application dismissed accordingly.  


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