Sekar (Self) 01 November 2013

Maintenance case after 33 years?

Hello experts,

A govt. employed Husband deserted his wife and kid about 33 years ago and married another woman illegally and produced children and lived in the society as legally wedded couple.

Wife approached court and proved that it is the husband who deserted her and kid and got Rs.200/- per month as maintenance in 1980.

After 20 years of desertion, husband's bigamy life was brought to the notice of the vigilance department by some of his enemies. He was suspended from service but not dismissed. Due to husband's powerful connection he somehow got away with it.

Now, wife is not well and does not have a permanent home to live in. Can the wife approach the court again to get residence rights after 33 years?

As she was working in a private firm all these years, she managed herself. Now she is retired (60 years old) and is not having any source of income. Can she ask for increased maintenance? All these years she was receiving Rs.200/- p.m. as maintenance amount!!

Request experts advice!

thanks

Sekar

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

As a wife she has got rights over her husband and he is duty bound to maintain her as per law, ask her to file a petition seeking the said relief.

BAALASUBRAMANNYAMM (Advocate) 01 November 2013

If it is true that she has been receiving a maintenance of Rs.200/- since 1980 as per the court order, surviving herself sufficiently without increasing the maintenance amount, she should have to establish his requirements at this stage before the court, for enhancement of the maintenance. If her husband really having a immoveable property, her sons can claim share against her husband's property.

Reformist !!! (Other) 05 November 2013

she can file for change in circumstances or maintenance again anytime as she is a legally wedded wife

Sekar (Self) 18 January 2014

Dear experts,

thanks for your comments.

The lady who wants to apply for review of Maintenance amount, could not find the lawyer who represented her in 1980. Since the original case will be referred in the present petition, is it possible to get it from the Court? she is not having any documents relating to the previous case. She does not know the case number. Can she apply to the court to get a copy of the case? what's the procedure?

Thanks

Sekar