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DEBJIT GHOSH (SERVICE)     16 July 2023

Restrict the delay of curt hearing for the end of justice.

Sir

I have been paying maintenance for my children & wife since 2012.

In the year 2021, my wife filed a petition for maintenance enhancement u/s 127.

Court asked both parties to submit their asset and liability statements.

Meanwhile, my children become adults & the wife, the petitioner joined a got service. In these circumstances, it appears that maintenance to the petitioner, wife would diminish after the final hearing of the suit. The petitioner is enjoying the undue financial gain by delaying the actual suit, at any cost.

On 14.07.2023, OP or husband filed his asset & liability statement and the Petitioner filed a revisional petition. The copy of the prayer is enclosed.

From my limited legal knowledge, I came to know that once any of the contesting parties submits his asset & liabilities particulars to the court, the other party is bound to do the same within a stipulated time period of 45 days.

But the honorable court has fixed the next date of hearing on 24.11.2023 i.e. after a long gap of 4 months.

In these circumstances,

1. Is there any way to legally bound the Petitioner, wife to file her asset & liabilities statement to the court and conduct a hearing of the original petition?

2. Is there any way to fix the hearing of the maintenance enhancement suit within the stipulated time period for the end of justice?

 

Regards

Read more at: https://www.lawyersclubindia.com/forum/maintenance-enhancement-230129.asp



Learning

 1 Replies

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     18 July 2023

Maintenance is required for a wife who has no source of income and is unable to support herself, as you mentioned that since your wife started working in a government job, she is not entitled to any kind of maintenance from you. However, if your salary is lower than hers, you can also file a cross-maintenance case against her. Additionally, you can apply for an early hearing against your November hearing to prevent unnecessary delays.


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