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g.p.srinivas (advocate)     12 August 2015

Suppression of facts

Greetings to all my esteemed colleagues.

When Crl.R.C., FCA, is pending before the Hon’ble High Court, inspite of earning measurable income, can wife file MP for enhancement of maintenance, in the Court below by suppressing various other cases filed in High Court and Lower Courts.  Whereas the MC case was closed almost 8 years back. Is it maintainable.

Regards

GP Srinivas
Advocate 
Hyderabad



Learning

 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     13 August 2015

The SC and many HC"s have given various judgements that maintenance should not be paid to a qualified and earning wife.A wife cannot sit idle and demand compensation from the husband.

prabhakar advocate (advocate)     13 August 2015

Yes. She can file.  Whether maintainable or not is the judicial decision.  If the opposite party can bring all the favourable facts in his favour and leave it to the discretion of the court to decide the maintainability.

Prabhakar-Advocate

(M)9958670740

Legal Aid panelist - Central Delhi (Tis Hazari)


 

T. Kalaiselvan, Advocate (Advocate)     24 August 2015

There is no bar in her seeking enhancement even during the pendency of any other case in the lower courts.

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     25 August 2015

i think Mr T Kalaiselvan ' s openion appropriet

Akhilesh (service)     26 August 2015

please post some related judgements..

 

thanx

SAINATH DEVALLA (LEGAL CONSULTANT)     26 August 2015

Judgements U can browse on the net


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