Nitish Banka

    • How wife can increase her Maintenance?

    As per the law husband is bound to maintain his wife even after the divorce and husband have no maintenance to his wife by deceiving court by not showing true facts and exact source of income. But rights of female are decided by law and no one can exploit rights of the female so after getting divorce from husband in section 13 of Hindu Marriage Act,1955 and under section 125 of Cr.Pc 1973 a women & children is maintainable by her husband and husband is bound to pay the maintenance amount. The amount of maintenance must be enough for the women and her children including education expenses of the child and medical also. So here you can find few remedies which help to female enhance their amount of maintenance as per the income of their husband. There are also landmark judgements also in favour of the women which decided by apex court. Apex Court also give judgement that a male cannot deny to maintain her wife due to financial crisis if the male is fit in health and able to do work.

    Referred Case:-Bhuwan Mohan Singh VS. Meena, VI (2014) SLT349 =II (2014) DMC 721(SC)=III (2014) CCR 394 (SC)= (2015) 6SCC 353.

    Burden Of  Proof

    When a women going to file petition against her husband to enhance her maintenance amount because she know exact income of her husband. A female must be show the salary slips, website listing of her husband work and absolute details of her husband income without giving exact and relevant proof a women cannot liable for the enhancement of the maintenance. Not showing true facts is the abuse the process of court.

    TRUE FACTS

    The facts which are present in the court through wife against her husband are must be true in nature.

    EXAMPLE

    A is husband of B and the decree of the divorce is granted to A & B and the monthly maintenance is fixed Rs.5,000/- pm including medical and education expenses of C. C is the baby boy of the A & B. After trial court decision B aware about that A hiding true facts about his income for not paying appropriate amount of maintenance to B & C. B start collecting proof related to A’s income and finally her proofs are proved in the court and her maintenance enhanced from Rs.5,000/- to 20,000/- pm.

    Conclusion

    When a matrimonial dispute arise a male always wanted that he did not give a single penny to wife for maintenance so they do different kinds of tactics to mislead the court. But as per the law husband is bound to pay the maintenance to his wife and children but due to some hiding facts and not showing proper income husband take advantage to pay very less maintenance to his wife according to his income. But now there are remedies also available for the women she can apply for the enhancement of the maintenance amount if she is proved right in the eyes of law by showing true and exact facts of the husband income. After the decision of the trial court a women can move to the High Court to revise the previous order which is decided by the Trial Court. There are also some cases also which is decided in favour of the women and their maintenance is enhanced as per income of the husband.

    CASES REFERRED

    * Delhi High Court II (2019) DMC 767 (Del.) Manju Sharma vs Vipin

    * Punjab and Haryana High Court II (2019) DMC 729 (P&H) Bharti Sharma vs Deepak Sharma