What is ex husband income ?  

Is your sister working 

3) your sister can make application to family court for enhanced maintenance if her ex husband income has increased 

It depends upon her husband’s income and her lifestyle during marriage 

You should have filed appeal against meagre maintenance amount awarded to you 

anyhow make application for increase in maintenance 

Dear client,

In India, maintenance following a divorce is determined based on various factors, including the income and financial liabilities of both parties. If your sister believes that the maintenance awarded to her is insufficient for her basic needs and livelihood, she could consider seeking a revision of the maintenance amount through legal means.

Under Indian law, she can file for an enhancement of maintenance under Section 127 of the Code of Criminal Procedure (CrPC) or Section 25 of the Hindu Marriage Act, 1955, depending on the specifics of her case.

Here's what she can consider doing:

1. File for a Revision of Maintenance: She can file a petition in the court requesting an increase in the maintenance amount. She'll need to provide evidence and details about her financial situation, expenses, and the income disparity between her and her ex-husband. The court will reexamine the circumstances and may increase the maintenance amount based on the changed circumstances.

2. Demonstrate Changed Circumstances: Since her ex-husband's income has increased significantly and he now has additional responsibilities (a new family), this could be used as evidence to support her case for increased maintenance.

3. Mediation: Sometimes, mediation between the parties can lead to an agreement on revised maintenance without going through lengthy court procedures. This can be facilitated by legal professionals.

It's important for her to gather evidence, such as bank statements, income proofs, her expenses, and any other relevant documents to support her claim for an increase in maintenance. Ultimately, the court will consider all aspects before deciding on the revised maintenance amount, including her previous lifestyle during marriage and her current financial situation. You can reach out to us for further asisstance

She can file a petition under section 127 cr.p.c..

The Role of Section 127 Cr.
This provision allows the affected party to seek an increase or decrease in the maintenance amount, considering factors such as inflation, increased cost of living, and the standard of living of the parties.

Here the life style would refer to her ex-spouse and not that of hers.

Section 127 of the CrPC empowers the court to increase or decrease the amount of maintenance if there have been changes in the circumstances of the parties.

These changes must be convincing and satisfy the court that an increase or decrease in maintenance is necessary.

In your particular case, the increase in your husband’s salary is a significant factor to consider for enhancing the alimony amount. The court will take this fact into account and may adjust the maintenance accordingly. To support your application, you will need to provide evidence of your husband’s increased salary and how the current amount of alimony is insufficient to meet your needs.

Around 50 to 70 thousand 

File application for revision of maintenance. She can claim up to 50k.

- As per law, she is entitled to get 1/4 of his income i.e. approx.50,000/- Rupees per month

- Hence, she can move an application under section 127 of CrPC for the enhancement of the maintenance.