bukhar (Proprietor) 20 August 2013

Enhancement (increase) of maintenance amount.

In the year 2012 the maintenance case was file in the court and after hearing both the parties the court gave the following verdict:

1. That respondent husband will pay Rs.2500/- per head to all the members of the family.i.e. to complainant wife and to her six children from the salary of Rs.32,ooo/- drawn from the govt as a J/T teacher. That comes to Rs.17, 500/- per month to the complainant wife which is deposited in her account every month.

2. That the maintenance amount shall be paid till the children's attained maturity. Further, it also ordered that the maintenance amount shall not be paid to complainant wife if she marries to another person.

3. That in addition to above maintenance amount that the respondent husband shall bear the medical expenses of the children's and the complainant wife. And also to bear the educational expenses for higher education of the children's.

Now the Complainant is seeking enhancement of Maintenance amount, as the Rs. 17,500/- which she receives every month is not enough for bearing the educational expenses of her children's because of the growing cost of educational expenses. And also to pray for withdrawal of GPF amount of Rs.4,00,000/- which her husband has save in his service book account if not withdrawn later without her knowledge. And that withdrawn amount to be deposited in her account for her children's education.

Fact of the current situation is that:

The Husband lives with his second wife and does not bother to take care of the first wife .i.e. Complainant. And the children's of the Complainant wife is staying apart in a city now. The eldest daughter works in a bank. Second daughter is pursuing PhD under Delhi University, Third daughter is pursuing a BA final year degree, the fourth No. is a son and Pursuing his CL-XII in private school, and Fifth No. is also a Son and is pursuing his diploma in Civil engineering final year, and the Sixth NO. is a Daughter who is pursuing her CL-XII in a private school as well.

And as per the court verdict the respondent husband should have contribute some amount from his account towards the children's education but he fail to do so even after receiving many telephonic calls from the children's.

So therefore the Complainant wife is seeking Enhancement of Maintenance amount she receives every month and withdrawal of GPF amount and to be handed over to her for children’s education.

Need guidance on legal matter from sincere and dedicate lawyers and Senior Lawyers, On the issue and Format of drafting the application if any…. and reference of similar case laws of such case.

thanks

regards

BRM

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2 Replies

(Guest)

PF,GPF,EPF are such funds which can't be asked by wife in terms of fulfiling the maintenance but other hand she is very much liable to ask for enhance maintenance under change of circumstances. If you have 6 childrens in this 4 are daughters. So,upto now your wife didn't asked for marriage expenses but in future be ready for that too......

You can't hide from your responsibility after producing 6 childrens and living with how many wives it doesn't matter. Even she can fire cases of bigamy on you leading you to 7 years imprissonment with fine. Your second marriage is void if you have not given divorce to your first wife.

stanley (Freedom) 21 August 2013

Going through your facts

1. Your eldest daughter who works is not liable for maintanence anymore since she is a able bodied working women and hence maintanence ceases for her .

what you have not stated is are you still paying maintanence to your eldest working daughter .

2. The rest of the children are entitled to maintanence as per the order till they start working and that would cease once they start working .

3. you have not stated the enhanced amount asked by your wife under change of circumstances and neither has it been stated if your income has changed under change of circumstances as the court would consider these change of circumstances . The court would take into consideration these things . Your first wife would have to sumbit and show the children's fees etc and get into the facts of the case what difference has occured in such a short period of time wherein an order has been passed in the 2012 and within such a short period she is stating change of circumstances . you have not stated if it is in the same court under change of circumstances she has applied for enhancement or has approached under a different act / section for enhancement . If it is in a under a different act than objections for the same has to be raised as she has to approach the same court from which the order has been passed . Her Liar ( sorry please read the same as Lawyer ) seems to be a cunning person .

4. She has no right over your PG,GPF etc .

5. you have not stated your age since once you retire you can claim maintanence from your sons and working daughters under the senior citizens act . Hence what goes up comes back to them . Hence relax your time too would come when you can claim maintanence when your retire .