Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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sharmilla ram (general manager)     11 October 2009

revised maintence

once maintence is awarded n wife is taking maintence after one year again she had filed case under crpc127 for revised maintence 20000 rs.first court has order 2000 rs under crpc125.n husband is paying,order was x party.for revised can wife has to proof the income or only orally.no requied evidence or anyproof i mean bankstatement or asset etc based on oral court will fix or not.second wife has refused to stay with husband which is mention in the court evidence.can she get from 2000 rs to 20000 rs suddenly jumed this much.



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 6 Replies

Suchitra. S (Advocate)     11 October 2009

Sharmila,

A wife can ask for revision of maintenance amount fixed by the court afterwards. But it is necessary to give reasons for the increase in the maintenence amount. She has to prove through the documents such as salary certificate of husband , or if there is no means to get her livelyhood with the present maintenance amount for any reason. The maintenance amount fixed by the court can be increased or decreased at any time with due regard to changed circumstances.

sharmilla ram (general manager)     11 October 2009

suchitra mam.it is must to give any documents.if she can not bring anything in the court only based on orally.can the court will accept second can court will ask to husband to bring ur salary certificate.according to me she is claiming that circumtance change so she has to produce any documents or not.what is ur openion.one thing always keep in mind she deserted husband n husband is redy to maintain her.husband statement recorded in high court lower court n district court n wife statement refusal everywhere not ready to stay with husband.now new plea has taken by wife that her husband marred second marraige thats why she refused to stay him but no proof all orally.please through some light.

Suchitra. S (Advocate)     11 October 2009

sharmilla,

Court cannot take only oral statements into account for deciding the maintenance amount. Documentary evidence is necessary. If the husband has not deserted her, she cannot claim maintenance under 125CrPC. And if the husband files a case for restitution of conjugal right, then, she will have to go and stay with her husband under court orders , if there are no proper grounds for claiming maintenance under s.125 of CrPC. To substantiate second marriage of her hubby also, she has to provide evidence. Oral statements are not sufficient.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 October 2009

Sharmila ji, i think u persume that husband will not appear this time also and u will get x-parte order but if your husband wil appear and contest the case then the amount could be decrease also.

Regards

adv.kamal.grover@gmail.com

Suchitra. S (Advocate)     11 October 2009

Sharmila, I agree with Kamal ji.

sharmilla ram (general manager)     17 October 2009

please kamal jii n suchitra mam reply or any advocate pls.why court is not asking from girl for any documents proof what she is claiming.once the circumstance will change then u ve file revision petition but u ve to show some documents that circumstance has been changed but why court is not asking from girl to show some proof.from the day one all oral statement. my second question for revision petetion it will summery trail or full trail.i mean witness has to come n record or only based on petetion.can my  lawyer ask to girl for affidavit the petition which she has been claiming. if she does which i will proove that statement is wrong then can i file deformation case.please reply soon


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