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xpressjunction (Site engineer)     12 November 2013

Reg fresh petition for enhancement of interim maintenance

Dear All,

I had filed for Divorce and the lady had filed for Interim Maintenance under CRP 125. The court had awarded Rs.8000 per month as Interim Maintenance for the child. No Maintenance was granted to her as she is working.

She went for appeal in the High court filing a Civil Revision Petition to enhance the maintenance to Rs.25,000 per month.

The Honorable High court had dismissed her petition stating that ' Considering the fact that the first revision petition is also an earning member and she has also got responsibility to maintain the second revision petitioner the court below has fixed the interim monthly maintenance at Rs.8000/- Further the amount fixed is only an interim alimony and, after conclusion of the trial, the court can fix any amount towards maintenance having regard to the income of parties. Accordingly the Civil revision petition is dismissed'

Now, after getting my current salary slips by the way of a Subopena, she has again filed a petition for Modification for enhancement of Interim Maintenance petition to enhance the Maintenance amount to Rs.30,000 under change of circumstances.

Is the petition Maintainable and can the maintenance be enhanced regardless of the observation of the High court?

P.S: I had filed for her salary slips to be produced and the Subopena has been allowed recently.

 

 

 

 

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 November 2013

You have an answer in your question itself that the high court has already given its decision with regard to the revision petition.  Her fresh revision petition will also meet the same fate because the trial court has not finally decided about the quantum of maintenance amount so far, so high court will certainly dismiss he petition.


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