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RAJESH MAT (Administrator)     12 May 2017

Enhancement of maintenance to girl child

My estranged wife has filed for enhancement of maintenance for girl child under Sec 127 of CrPC. though estranged wife is earning around 1.5 lakh per month she has asked for enhancement sighting rise in prices and cost of living. Is it as per law.



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 2 Replies

Mukesh sharma (job )     13 May 2017

Hello 

if she earning well and eligible than why you not show proof in court 

if wife earning than she could not eligble for maintaience monthely so you collect evidence for her monthaly salary slip and show in court .... 

 

Born Fighter (xxx)     13 May 2017

Let me give you and all those Father's who are facing this issue of high maintenance demand from Wife for the Child.

  • Maintenance is co-extensive , both spouses have to contribute towards maintenance of the child . In your case wife's income is 1.5LPM (as you claim and im assuming the court has accepted the same). Wife"s maintenance is rejected so she has got income which is sufficient for her needs.
  • Secondly , you present the maximum reasonable expenditure required to maintain your child based on his/her age group giving breakup of all components like scholing fees/ Transportation cost to school and back/ medical expenses/ food/ clothing/ tuition if any/ recreation and misc expenses etc etc as may be applicable and work out a figure of say (for eg)  Rs.8000/- pm as maximum reasonable expenditure required to maintain the child. Now ask the court to divide this expense between both the parents as mother (earning ) is also responsible to maintain the child. Thats the approach. 

I have seen courts awarding hefty maintenance to maintain the child, in such a way that the earning wife indirectly benefits from the extra money paid by husband alone. Don't get emotional in accepting whatever figure the court asks you to pay in name of father. Once you head for divorce no matter whatever efforts you make to get close to your child , in majority of cases the wife will spoil /influence the kid against you. Your own child for whom you pay hefty maintenance refuses to speak to you during access and disowns you ( for which the child should not be blamed at all)

 

 

Also be reasonable and do not quote lowest figures to avoid paying reaonable maintenance to child that it deserves/ required for welfare.

Ask the wife to submit her expenditure statement supported with bills and let her justify why she needs higher maintenance.........then watch the game !!

Pay more based on your wish if wife is allowing free access without creating any issues but SEPERATELY by means of gifts /clothes/ etc etc 

 

 

All the Best !!

 


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