File a writ in the jurisdictional high court to get rid of your problem.
Enhancement of maintenance
I have been a victim of domestic abuse and dowry abuse and since has been living apart from my husband(he lives in another state) since 15 years.I filed for a maintanence during that time according to his salary which was 40,000 every month. and the maintenance amount provided as ordered by the court (2nd addl senior judge) in our state is rupees 7000 every month to me and my son accordingly in 2008 . So here comes the problem my husband works at a central government organisation and has recieved many promotions since then and has had increment of salary too many times but our advocate (for some reason idk?) didn't bother to file an enhancement even after repeated requests from me and my father up until 2019. In the year 2019 his salary has increased to rupees 1,70,000 a month and also he owned a few flats in other states. I also battled lukemia in the year 2016 which costed a hefty amount for treatment (24 lakh to be precise)and also with my son' increasing educational expenses every year we filed for an enhancement of maintenance to 70k per month to both of us in the state where we are but our lawyer instead of filing it with the (2nd addl senior judge) in continuation of the older case he filed in 3rd munisiff court (lower court than the 2nd one )and he said it is alright if it's filed anywhere. After 6 years of battling and we submitting all property documents he owned and his income certificate we weren't awared the maintenance ( we were only given a meagre increment of ₹10k per month). And also he is not upholding the monthly maintenance judgement given in 2008 and not sending us even the ₹7000 every month we always have to file an executive petition if he doesn't send the amount and that always takes 3YEARS to get just 1 YEAR of amount 60k to be precise after all the cross arguments and adjournments of the court, So I asked my advocate to send a letter to the Central Government organisation my husband works in reminding him the 2008 judgement to pay us regularly only to not recieve any response from them. I called them they transferred my call to the law department only to say to me that he is denying to pay it and it seems he only pays after we file an ep (intentionally wasting time and avoiding us) and also his salary is now 3,50,000 per month he has gone to a very high position too along with bonuses of 8 lakh. We also filed for an appeal for enhancement here in the state where we live in. So what do you think I should do? Do you think our lawyers at fault here? He won't pay heed to what we say and fumbled before the judge when she asked for some decisions as to why he didn't continue 1) continue with the appeal in district court in the state where we live ? 2) change the lawyer and transfer it to the state where my father works apparently theres some person inside who provided us with his salary certificate last time(he works at that organisation too)and he is willing to help us but he is asking to file a formal draft to him
Asked 2 months ago in Family Law
Religion: Hindu
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14 Answers
2) *my husband not my father
Asked 2 months ago
You can change your lawyer
2) you should continue the appeal in district court l
3) seek short dates
Act as mentioned herein above
Sirs do you think it's good idea to transfer the case directly from district court here to west bengal high court Kolkata that's where he works at the moment is it possible to do that?
Asked 2 months ago
Yes. Petition the District Court for transferring the case before the Hon'ble High Court, West Bengal, Kolkata, since your husband is working in Kolkata.
Case is not transferred from district court to HC
it would be transferred to family court only
getting orders for transfer of maintenance case from HC would take a year
Ok and also I want to know why didn't the judge in this court didn't grant us the enhancement amount even though we have submitted his income proof who do you think is at fault here our advocate is blaming the judge for that says she's not knowledgeable
Asked 2 months ago
It is necessary to peruse court order to advice
you should have been granted enhanced maintenance
Sir also can I also ask for a bit more amount since his salary is increased now to 3,60,000 how much can I ask for
Asked 2 months ago
You can seek one lakh as maintenance
Due to inflation and also since your husband's salary has increased, you can try for increased maintenance amount.
A wife can request an increase in her monthly maintenance if there is a change in her circumstances. The court can also order an increase in maintenance at any time after passing a decree. Some grounds for an increase in maintenance include:
If the cost of living has increased, the court may order an increase in maintenance.
If inflation rates are high, the court may order an increase in maintenance
If the original petition was filed under section 125 Cr. P.C., then on proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be (the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.].
You could have filed a petition before the same court to pass a garnishee order to recover the maintenance amount from his salary every month, the court will instruct his employer to deduct the amount from his salary and send it to you directly without taking his permission or consent for doing so.
A garnishee order is a court order that allows a creditor to recover a debt from a third party who owes money to the debtor. The third party is known as the garnishee.
you can change your lawyer if he is not cooperating or not taking proper action in this regard at right time causing you heavy loss.
Yes, it is understood that it is your husband and not your father, you can initiate action even now to recover the maintenance amount from his salary through a court order
Besides you can also file an appeal before high court seeking enhancement of maintenance amount on the basis of his latest salary for which you have an evidence of his latest salary slip
You can continue the maintenance case in the same court and you can approach high court only if you are aggrieved by the order of the trial court granting very less maintenance amount
Transfer of maintenance case to the place of his work or to the high court directly is not permitted.
It is not known that what was the reason to not to consider your claim for enhanced maintenance, the reasons can be noted only after perusing the orders of the court, however if your petition seeking enhancement of maintenance was proper and the pleadings was supported by the documentary evidences as you state her, then you can very well prefer an appeal against the aggrieved judgement before the appellate court
The Karnataka High Court has said that 'passage of time' and 'cost of living' are valid grounds to be considered as changed circumstances for enhancing maintenance amount granted to wife.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Vineetha Thomas and increased the maintenance amount of Rs 10,000 granted to her in the year 2016 to Rs 20,000.
The bench said, "The changed circumstance need not be that the wife should narrate every circumstance of her living, manner of living or the explicit details for enhanced maintenance. It is permissible for the Court to grant enhancement of maintenance on changed circumstances. The changed circumstances in the case would be passage of time and cost of living inter alia."
You may fight the enhancement case properly and if the trial court is awarding very less in proportion to his monthly income, you can very well prefer an appeal before the appellate court
- Since, his salary has been increased , then you are entitled to get an increased maintenance amount from him
- Further, if you have already filed an application under section 127 CrPc and the trail court is not passed order for enhancement then you can approach the High Court for gating the same.
- Further, if you are not satisfied with the lawyer then you can replace him legally.
- Further, you should produce the proofs of your disease before the Court for enhancement of maintenance amount on the ground of his increased salary and medical grounds.
