Nitin 23 November 2023

Possible ways through which increased maintenance application can be denied in court in section 125

Possible ways through which increased maintenance application can be denied in court in Section 125

I am giving maintenance to my wife as per final court order in 125 case on monthly basis 20K from last 2 years. Its almost 7 years i m struggling , this case was filed with other case like DV , 498A by my wife.

Now she was saying that she will apply maintenance increase application in Family court to extort more money from me. She is neither giving divorce nor coming back but only intention to extort money. Please help me know the ways through which i can save my money , bound court not to increase.

1. Can i take a property which i can show in court that i taken loan for this house. Currently i don't have any house, i m living on rent. Through this can i increase my liability?

2. Is there any chances she can claim her rights on this new house property which i will purchase? Although i m giving her maintenance already on monthly basis.

3. In divorce alimony she can claim her rights on this house property ?

Please help me.

Thanks in advance.

Thanks

Nikhil Sharma

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4 Replies

anubhav Bhatt 23 November 2023

Dear Client,In that case, you should approach the High Court for that maintenance amount, which was passed by Family Court so High Court may decrease that amount for more clarification you may contact us.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

T. Kalaiselvan, Advocate (Advocate) 23 November 2023

She has yet not filed an enhancement petition seeking enhanced maintenance amount, you can very well file your objection to her fresh averments and allegations besides asking her to file an affidavit to show her assets and liabilities, you too can file your own affidavit.

You can show home loan as your liability hence you can reduce your income accordingly.

She has no rights to claim any share in your immovable property even if you had inherited or it is your self acquired property.

This law is applicable to even permanent alimony applicaiton.

Andy Ros 27 November 2023

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P. Venu (Advocate) 29 November 2023

The query is hypotheticl and based on assumptions and presumptions and facts.

If and when she files such petition, you have the opprtunity to file a counter wherein you can, and you are required, to make a honest declaration of the changed facts and circumstances, if any.