Maintenance
Suraj Kumar
(Querist) 15 April 2015
This query is : Resolved
Respected sir,
1. Can maintenance granted u/s 25 of Hindu Marriage Act can be enhanced with increase of market price? If yes then under what section of Hindu Marriage Act?
2. If my husband prefer to pay onetime lump sum because
He did not want to meet with me in court regarding maintenance dispute.
Want freedom from me and see for new future with new wife so that he will forgot me forever and I could not affect him financially.
I want monthly maintenance for lifetime. Can above logics of my husband allowed in court? If allowed what is the onetime lump sum amount against Rs. 10,000 p.m maintenance?
M.Sheik Mohammed Ali
(Expert) 15 April 2015
where are you from ? you can file modification of maintenance under Cr.P.C. 127,
if you want to permanent alimony you can get 5Lakhs or 10Lakhs depend upon your husband salary,
both are releaved from cases and get remarried.
Kappil Cchandna
(Expert) 15 April 2015
Mam,
File a divorce petition and claim lump sum then .... No problem at all .....
Warm Regards
Kapil Chandna Adv 9899011450
ajay sethi
(Expert) 16 April 2015
alimony to be awarded by court depends upon number of factors what is your husband income , lifestyle of parties , whether you are working or not .etc
SAINATH DEVALLA
(Expert) 16 April 2015
You can file a revision Miscellaneous petition praying for enhancement of the maintenance citing the reasons.But entirely discretion of the court.UR husband may file a counter petition also.Kindly provide the original order copy so that we cam assist U better.
Rajendra K Goyal
(Expert) 16 April 2015
Maintenance depend on no. of factors. Consult your lawyer.
Dr J C Vashista
(Expert) 17 April 2015
I agree with the experts advise, file enhancement of maintenance under the provisions of section 127 Cr. PC through your lawyer. You may be granted higher amount of maintenance depending upon various factors such as income, assets of your husband less expenditure and liabilities.
If dissatisfied with the ability, capability and agility of your lawyer, straight away change him/her.
T. Kalaiselvan, Advocate
(Expert) 23 April 2015
Dr.Vashista Sir, the author is seeking clarification u/s 25 of HMA and not under 125 of Cr.P.C.
This is a case of permanent alimony. In this if she opts for one time settlement, she will not be eligible for enhancement at any stage later instead she can go for enhancement if she opts for monthly maintenance or yearly etc.
Dr J C Vashista
(Expert) 24 April 2015
Dear Mr. Kalaiselvan,
Thank you for correcting me, you are right, I agree and appreciate your analytical expert advise.
In case the wife opts for monthly maintenance instead of lump sum (which is generally acceptable to all estranged wives, however, it is, otherwise, beneficial as well) she may move to the court for its enhancement at a subsequent date with change in circumstances.
