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Sekar (Self)     11 February 2014

Maintenance since 1980 - increase in amount

wife has been receiving maintenance since 1980. Now, she wants to raise the maintenance amount due to increase of standard cost of living. Can she refuse to receive maintenance for want of hike in the amount? Can she write a letter to her husband asking for hike in maintenance? or can she directly approach court for hike in the amount?

 

Can anyone suggest the best way? thanks



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 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 February 2014

If the earlier maintainance has been granted by the court then, she can approach he court for increasing the same. If the husband and wife are in talking terms then, the amount can be mutually decided.

Sekar (Self)     12 February 2014

@archana,

Thanks for your comment.  Wife has already asked husband for increase in maintenance amount through relatives, but husband did not increase. She refused to receive the maintenance which is coming to her in the form of Money order.

Will this refusal affect the wife's case if she goes to court for enhancement of maintenance? please advise

 

thanks 

Sekar (Self)     12 February 2014

@archana,

Thanks for your comment.  Wife has already asked husband for increase in maintenance amount through relatives, but husband did not increase. She refused to receive the maintenance which is coming to her in the form of Money order.

Will this refusal affect the wife's case if she goes to court for enhancement of maintenance? please advise

 

thanks 

Adv Archana Deshmukh (Practicing Advocate)     12 February 2014

There is no need to refuse the maintainance. She can very well keep receiving the originally granted amount and apply the court to modify the same as per the changed circumstances.

Sekar (Self)     13 February 2014

@archana,

thanks for your advice... actually, wife had refused two consecutive money orders (maintenance) just to show that she is not happy with the amount which she has been receiving since 1980. Husband has stopped sending the money.

She is planning to go to court as she did not get positive answer from her husband about the enhancement.

My query is that, since she did not receive the money orders twice, will it affect her case when she goes to the court? 

 

once again thanks !

Gautam Kapoor (IT professional Studying Law)     17 February 2014

Sekar , DO NOT UNDERSTAND THE LOGIC HERE. Wife not happy with the maintenance amount then why is she rejecting it in TOTALITY. She can well take the amount and fight for increase in maintenance.

Are you trying to potray that the husband has stopped paying maintenance amount and land him in a new case.


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