QUERY :-
MAINTENANCE OF RS. 4500 PER MONTH, u/s 125 WAS DECIDED BY THE COURT IN THE YEAR 2007 ON THE BASIS OF MUTUAL CONSENT OF THE PARTIES. THE NON-PETITIONER DID NOT REVEAL TO THE COURT ANY INFO ABOUT HER JOB THOUGH SHE WAS WORKING IN A PRIVATE SCHOOL. AND IN THE YEAR 2010, SHE FILED AN APPLICATION u/s 127 CrPC FOR ENHANCEMENT OF THE MAINTENANCE AMOUNT TO Rs. 15000 WHICH IS PENDING TILL DATE. MEANWHILE, THE PETITIONER(HUSBAND) CAME TO KNOW THAT SHE WAS WORKING SINCE THE YEAR 2005 TILL DATE AND BROUGHT THE PROOFS OF HER JOB ( WORKING) FROM YEAR 2005 TO 2010 WHICH MEANS SHE HAD NOT EARLIER FILED AND GOT DECIDED THE APPLICATION BEFORE THE COURT WITH "CLEAN HANDS." SHE IS STILL WORKING IN A SCHOOL BUT THE HUSBAND IS NOT ABLE TO BRING OUT THE PROOFS ABOUT HER PRESENT JOB.
NOW THE QUESTION IS, (1) IF SHE PROVES THE INCREASE IN THE HUSBAND'S SALARY, CAN THE MAINTENANCE ALLOWANCE BE ENHANCED? (2) CAN THE HUSBAND GET CANCELLED THE MAINTENANCE ALLOWANCE ? IF YES, ON WHAT GROUND?
PLS SUGGEST.
