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Maintenance which is fixed by compromise can be enhanced -

 

Maintenance which is fixed by compromise can be enhanced

 

 I have carefully gone through the document at Exh. 'A'. 
Though it appears that this document was executed as and by way of full 
and final settlement between the parties, it does not categorically state that the monthly amount payable by the petitioner to the respondent 
would not be enhanced at any time. In my opinion, in case of even full and final settlement, which consists of periodical payments to be made 
by one party to the another for an indefinite period,the cognizance of the increase in the cost of living and the increase in the income of the party, who is to pay the sum, can very well be taken into consideration. The initial amount of ` 1,500/- [Rupees One Thousand Five Hundred only] was fixed in the year 2000. The enhancement has been granted in the Considering the increase in the salary and the rising prices,in year 2010.
actually there has been no increase, and the amount that is now enhanced, would be roughly the same as the respondent was expected to 
get every month by virtue of the said settlement or compromise. 

Bombay High Court
 Shaikh Rabbani S/o Shaikh Razak
V/s
Sow. Farjana Begum W/o Shaikh Rabbani .. on 5 September, 2013
Bench: A.M. Thipsay1
Citation;2013 ALL M R (cri) 3906
 

-https://www.lawweb.in/2014/01/maintenance-which-is-fixed-by.html



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