Maintenances
Mustafa Bhat
(Querist) 12 July 2014
This query is : Resolved
Sir,
In 2009 my divorce wife filed Maintenance petition for my baby to CJM, who transferred the same to Munsif Court in 2009 & maintenance of RS 2000/- was awarded which I am paying.Then in 2010 they filled revision petition for same which was dismissed by Session Court.
Now they have filed in 2014 for enhancement in the same Munsif court which awarded Maintenance.
Now my query is that can Munsif Court entertain her petition for enhancement as It has not been routed through CJM court.
Devajyoti Barman
(Expert) 12 July 2014
yes, maintenance can be increased under changed circumstances u/s 127 crpc or u/s 24 of HMA.
V R SHROFF
(Expert) 12 July 2014
Court can increase mtn, if your income increased, or expenses on babu increased due to education etc, & rise in inflation.
Mustafa Bhat
(Querist) 12 July 2014
Sir,
No issue of increase in maintenance Sir.
My query is can they submit the enhancement application directly to Munsif without routing it through CJM.
Nadeem Qureshi
(Expert) 12 July 2014
Dear Querist
as per section 127 of Cr.P.C. the same court who passed maintenance order have right to disposed off the application for enhancement of maintenance.
Nadeem Qureshi
(Expert) 12 July 2014
127. Alteration in allowance.
(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit: Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole shall not be exceeded.
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that-
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,-
(i) in the case where, such sum was paid before such order, from the date on Which such order was made,
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance has been ordered to be paid under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance in pursuance of the said order.
ajay sethi
(Expert) 12 July 2014
agree with experts
