Increase in monthly maintenance

@ Author

1. Yes, in my opinion under change of circumstances which in instance brief looks to me may be based on "increase in cost of medical treatment / specialised treatment / special life saving drugs / cross consultation with specialists / rehabilitation cost increase due to price rise index etc."


2. However what I noticed in "change of circumstances" situations is that on an average such suits are filed after minimum 3 years. This average I discovered studying trend in 12 similar cases laws which are from SC to various HC's.

Hi,

Thanks for the response.

I tried to search on the internet regarding the increase in monthly maintenance. I interpreted that "change of circumstances" may apply if the court has decided upon the maintenance amount. I may be wrong.

When the parties have agreed a particular amount and reached a compromise, would the court entertain an application for increase in monthly maintenance at a later date? Also, the fataher in law has agreed to pay for any additional cost. Won't the court say that the inflation factor was already known when entering in to a compromise. Why was it not mentioned in the  compromise agreement that the monthly maintenance would increase with increase in inflation. Rather a point is mentioned in the compromise agreement that no further claims would be made against each other.

Can't the husband say that the compromise was reached and apart from Rs. 20,000 maintenance, Rs. 15,00,000 deposit was made with great difficulty. Was the monthly maintenance amount going to increase in future, he would have never committed on this big amount of security deposit when he was on the verge of a financial break down. 

Will this not mean that the in-laws will have the right to hold the husband at ransom every 3 years and demand more money. This will never allow him to rise in life.

@ Author

Oh yes now I see you have understood what I was saying all these days here in Family Law section that it is better to contest cases forever instead of compromise, because with contest the essence comes out loud and clear and if wife sides loose then they can never claim in any higher forum under any change of circumstances as it would never be entertained.


It is applicable only in 'compromise" decrees and what que. you are asking me it is better to ask SC and HC's . It is only in India everyone intentionally makes a wife “abala nari” for life and same is not there in any International Countries where maint. is given just ONE TIME when compromise decree is prayed for.


Secondly in India civil maint. compromise even if it is compromised as being settled past, present and future is opened up later and latest being after 29 years wherein the ex wife remained un-married and claiming enhancement of maint. now that is after 29 years to her ex husband is now ripe and settled! Under criminal maint. laws the maint. is subject matter of STATE and STATE can never say OK we agree to husband and wife’s compromise forever and STATE will look after wife's enhancement of maint. they pass the buck on ex HUSBAND as India is a truly a welfare state and each policies made int he women are actually benefitting a wife and your sister / daughter and mother are not considered women as per STATE!.

Yours brief is a typical situation brief and it is bound to reopen is my view because medical condition with time  is bound to ask more money for treatment even at this stage if it was compromised as it will “reopen” on "sympathy clubbed with need factor" and as you say husband is going to “rise” in career post compromise whereas in this stated brief her condition is not going to benefit anyhow is it not so and it will come down with passage of time?


If suggestion is required as to what is best way out then I would say agree for life time medical –reimbursements as per actuals. And put this 15 L in a monthly FD for 5 years with facility to renew automatically with monthly interest going to certain bank account clubbed with already agreed cap of monthly expenses one can leave the issue open for lifetime of the wife and this worry which I raised in your brief will not arise unless FIL plays some tricks which is remote as if ex SIL is lookign after sick daughters medical needs then I doubt FIl will poke his nose later. Offourse the decree will happen and you can rise in your career too without any worry and post Appeal period you can even get re-married too which are not issues to worry at all.


Ok if it is all confusing then let me say in simple wordings that is see you have agreed for certain per month medical reimbursement expenses – Right
Your FIL has agreed to cap-in any excess from his side say Rs. 20 K above if per month increase and on top you have pledged a 15 L FD in case if she is alive for eternity it will be hers and in case god forbid anything happens to her then it will come to you ! - Right
I mean this clause is tricky compromise clause in my opinion i.e. the FD is just a lollipop to get over quickly from the current situation if ideally one interprets it so as compromise deeds are seens as a whole and not clause by clause while interpreting them.


So what you are giving in actual is per month certain fixed maint. amount to wife for life is it not the way to interpret it? Now what is this lollipop of 15 L FD collateral for is what I am not able to justify in the brief with a rider that in case wife dies then the FD will come to you!



Ideally a idiopathic wife’s condition is always collateral for life time and not one time compromised for as medical treatment is for life in such conditions and in such situation you should have agreed for each month certain amount and every 3 years increase by say 15% and in all these time if the medical expenses increases then FIL is meeting 20 K as he commits from his side his pleadged amount. So if you look at the lifetime of a sick person especially females it may not exceed 30 years or so and in those 30 years your status and career graph is also bound to rise leaps and bound is it not so ! Then for something which even GOD can’t put a cap / time limit how we humans can justify that also a medical condition so if I would have been in your shoes I would have made it as a contentious issue forever with sense of security given to her and her side for lifetime and my prof. graph also secured with a thought that I am not doing any sin by capping a X amount only and worrying later that she may ask more in some years and then I enter courts and meanwhile my life is again spoiled which was not my intention to get into compromise earlier is it not so - I mean think positively for a long long time.


Rest think about the situation in next 5 – 10 – 20 years stand point of view as you know her medical condition better than we writers.


I may not say sorry for my straight forward suggestions above it just needs couple of times re-reading to find actually what I am hinting at for three parties peace of mind for no. of years to come and how to remove worry of enhancement of maint. to a sick wife in someyears form now. 

@Viki

Compromises are also due to some circumstances and changes in such circumstances, the other party can demand the change.

However, there is no such rule or law but yes, greed is the mother of demand..

//peace

/Saurabh.V

Thanks to both for opinion...

I think there was a  mistake of accepting such a huge amount as monthly maintenance and security deposit. In most of other similar cases the monthly expenses of maintaining such a patient would be much lower. I think the husbund was somewhat more than emotional.

With additionally responsibility of a son, future loan commitments and already spend arounf Rs 20 lakhs, it is unlikely that the husband can afford to remarry and maintain a new partner decently for atleast next 4 years. In the mean time there would be one more round of court for increasing the maintenance where the Hon. Judge in order to be noble (free of cost to him/her) would definately order additional expense. This would again give a financial setback to the hsuband.

Thankfully atleast one hsuband would be saved of re-committing the mistake of getting remarried.

Please don't worry about the Son's upbringing without a mother....every person is responsible for his own destiny.

Whatever…….it all boils down to who and how one is guiding a litigant keeping in view next 5 - 10 - 15 - 20 years. So tell this husband not to feel sad, with little hiccups in life if conscience is clear of the husband then her best wishes will help the ex-husband re-grow again. 


(However, off the records may I know what medical condition she has! You may ignore not to reply if this is personal).

change of circumstance can change your maintenance towards increase only but in this case it is very difficult to increase the maintenance because the otjher 15Lacs are also there in the wifes account and she is regularly getting interest of them alongwith 20000/-. So dont worry no increase ahead. Go and sleep as you have get rid of your problem......