1)I have filed MC in the judistriction of "CHIEF JUDICIAL MAJISTRATE"(CRIMINAL COURT) in 2004 and I got 8000PM(5000 to me 3000 to my son) when my husband gross salary is ₹20,000PM(40% of my husband's salary).I filed OS in 2007 in (CIVIL COURT) in judistriction of "SENIOR CIVIL JUDGE" in which I have been granted 10000PM(7000 to me 3k to my son) with his salary being 40kPM.So I have filed for enhancement for 80kPM(My husband is earning 2,89,000PM)in the year OS 2019 in judistriction of "MUNISIFF JUNIOR CIVIL JUDGE" A COURT LOWER THAN THE OS 2007 COURT) But I have only been granted 10kPM) and nothing to my son as he is 18 years.So the JUNIOR JUDGE asked our advocate why didn't he continued the enhancement in SENIOR CIVIL JUDGE COURT but he has no answer to that and also he DIDNT PROVIDE ANY PREVIOUS LEGAL DECISIONS/JUDGEMENTS Regarding granting 1/3rd or 40% husband's salary to wife and son? Why is that ?AND OUR ADVOCATE WENT FOR APPEAL TO DISTRICT JUDGE COURT REGARDING THIS MATTER .So when I took second opinion about this situation The OTHER advocate said that ENHANCEMENT DOESNT FALL UNDER JUNIOR JUDGE AND WE SHOULD NOT PRESS IT ? SHE SAYS THAT THE DISTRICT JUDGE WONT ENHANCE THE MAINTENANCE ?I DONT KNOW WHAT TO DO IN THIS SITUATION NOT PRESS OR CONTINUE THE APPEAL? ALL YOUR INSIGHTS REGARDING THIS ARE HIGHLY APPRECIATED 2)ALSO another question I always file EP on OS 2007 (7000 PM)AS MY HUSBAND ISNT OBEYING COURT ORDER IN 2007 AND ITS TAKING TOO LONG CURRENTLY ARREAR OF ₹3,36,000 HAS TO BE PAID TO ME FROM 2021?ANY REMEDY FOR REGULAR MONTHLY MAINTENANCE PAYMENT TO MY ACCOUNT FROM MY HUSBAND HE WORKS AT CENTRAL GOV ORG AND WHEN I CALLED THEM THEY SAID THEY NEED GARNISHEE ORDERS TO CUT THE AMOUNT AND SEND TO ME REGULARY BUT OUR ADVOCATE SAYS WE HAVE TO ALWAYS FILE AND EP WHICH IS PAINFUL.
If your husband has failed to pay arrears of maintenance issue him legal notice to comply with trial court orders
2) if he refuses take out contempt of court proceedings against husband in HC
3) in alternative file execution proceedings against husband to comply with trial court orders
It appears that you have been misguided by your advocate almost from the beginning.
Firstly the enhancement of maintenance should have been filed before the same court in which the original suit was filed.
The son will not be eligible for maintenance after attaining 18 years of age.
It is advisable to withdraw the case in the junior civil judge court and file the case in the senior civil judge court itself.
Also in the EP, you file an application impleading the employer as garnishee for deducting the maintenance amount from his monthly salary and send it directly to your bank account.
In the meantime you may decide to change the advocate also.
Thank you sirs but the judgement is passed by junior civil judge this year 2024 which I filed in 2019 so won't I lose the arrear amount if I withdraw the case? Also should I continue with the appeal in district judge court or file a new case with the senior civil judge?
Since you have already filed the appeal, you may continue with it.
Your hasty decision is costing you dearly.
Your original remedy was with the senior civil judge court but you misconceived your remedy through other court.
Hence now you either can proceed nor withdraw, therefore allow the appeal to be decided after which you can take appropriate decision.
1. It is not clear under which Act you filed the case for maintenance.
2. In other words 3 separate case for maintenance under 3 different law can be filed simultaneously. These are one under section 125 crpc, one under PWDV Act and another under Marriage Act.
3. So ask your advocate do accordingly.
4. The execution case is to be filed in the same court where it was passed. However withdrawal of the case will not stop you from getting the arrear amount.
Continue with the appeal
Thank you sirs do you all think there is any chance of increment of maintenance from 10,000pm to atleast 70,000pm?in the appeal Or will the district judge strike it off like the junior civil judge on the grounds of judistriction change?
You would not get so much increment in maintenance amount
court would at most award 25 per cent of net income as maintenance
Jurisdiction and Appeal for Maintenance Enhancement:
Enforcement of Maintenance:
Recommendation: Continue with the District Court appeal and pursue Garnishee Orders for regular payment.
The orders of lower court is not known neither the grounds for appeal is known hence no positive opinion about the outcome of the appeal can be rendered.
For increase you have to appeal to higher court and for execution you have to apply to same court
1. If the said maintenance was granted under the provision of DV Ac, then an application for the enhancement can be maintenance before the same Judge on the fresh ground of salary increment .
- Further, if the said application is rejected by the Junior Division , then its appeal can be filed before the Session Judge /District Judge.
- However, if that order was passed under section 125 CrPc, then this order can be challenged only before the High Court.
2. You can file an Execution petition before the same Court which passed the order of maintenance
