DEBJIT GHOSH (SERVICE) 14 July 2023

Maintenance enhancement

In a maintenance enhancement petition, u/s 127 filed by the wife in the year 2021, the court ordered both the petitioner & OP to file their respective asset & liabilities statements.

The petitioner, wife is delaying the case on different insignificant grounds and avoids filing any asset & liability statement.

Today i.e 14.07.2023, the OP, the husband filed his asset & liability statement to the court. At the same time, the petitioner filed a revision petition to revise the prayer of his plaint. However, the petitioner don't bother to submit her asset & liabilities statement as directed by the court.

Queries:

1. Is there any legal provision to revise the plaint after the submission of the asset & liabilities statement by the OP?

2. Does the OP, husband legally bound to file any WO against the petitioner's revisional petition, as that would further delay the process?

Regards

Debasis Pal

Reply Follow

6 Replies

Dr. J C Vashista (Advocate ) 15 July 2023

Are you sure about the statement made by you, inter alia, that,

"....At the same time, the petitioner filed a revision petition to revise the prayer of his plaint...." ???

DEBJIT GHOSH (SERVICE) 15 July 2023

Sir, I want to mean that OP's asset liability statement & Petitioner's revision prayer were submitted on the same court date i.e on 14.07.2023. A copy of the prayer is attached.

Moreover, though the petitioner is bound to submit her asset & liabilities statement within 45 days time limit, the honorable court has granted a long gap of 4 months for the next hearing.

Is there any legal provision to expedite the hearing of the primary issue i.e. enhancement of maintenance?

Regards

Attached File : 457064 20230715091728 petitioner s revision petition dt 14072023.pdf downloaded: 30 times

P. Venu (Advocate) 15 July 2023

The file attached reveals a petition for amendment. You need to file ojection, if so advised.

Also, it is to your advantage if she delays filing of the particulars, as directed.

1 Like

Mr. Sumitra kumar (Advocate) 15 July 2023

@Querist,

Ld. Member P. Venu has given you right advice.

Thank you.

1 Like

T. Kalaiselvan, Advocate (Advocate) 15 July 2023

I endorse the views of learned Advocate Mr Venu

1 Like

DEBJIT GHOSH (SERVICE) 15 July 2023

Sir

Children become adults & the petitioner joined a got service.

In these circumstances, it appears that maintenance to the petitioner or 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.

In these circumstances,

1. What are the advantages to the OP or husband if the petitioner or wife delays in filing her asset & liabilities particulars?

2. Is there any time bound to file the asset & liabilities particulars of the Petitioner, after the same has been filed by the OP or vice versa?

Regards