• Maintenance

Sir,
My mother is getting a maintanence of Rs 500 since 1992.On the basis of a judgement given under crpc 125  by C.J.M tinsukia (Assam).As my father has done second marriage without divorcing my mother.Now we have filed a complain case to enhance the said maintenance,in Arunachal as we stay here.Now my fathers advocate raised a point that this is Assams case and cannot be entertained by Arunachal court.My direct question to you sir is that the Assam court case can be entertained in Arunachal or not?.As both the party stay in Arunachal presently. Thank you sir .
Asked 7 months ago in Criminal Law from Naharlagun, Arunachal Pradesh
Religion: Hindu
1) if court order is passed by Assam court application for modification has to be passed by Assam court 

2) your mother can file DV case against husband in Arunachal as she is staying in Arunachal and seek alternative accommodation , maintenance from her husband 



Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
maintenance order can be enforced by any magistrate where the respondent is residing or by the magistrate who passed the order. hence as per section 127 of Cr.P.C. the petition can be filed before the court where the respondent is  residing at present.

Read section 128 of Cr.P.C.
Enforcement of order of maintenance

A copy of the order of maintenance or interim maintenance and expenses of proceeding, as the case may be shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance or as the case may be expenses, due.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Hi, you have to  file application seeking for enhancement of the maintenance in the same Court in which earlier order was passed.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi
The maintenance petition can be entertained as it is  a fresh one. as both parties are there.
The  court an consider that there is already an order by acourt in anither state and the amount is not sufficient so it can make an order to that effect.
Your mother can also seek maintenance under other provisions of law.
The petition filed in arunachal is not an appeal on the above it is a fresh one so court can entertain.
Your mother cannot file it in Assam now for enhancement as she and respondent /opposite party is in arunachal
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
The objection is prima facie sustainable. Application for enhancement has to be filed to the very court which had ordered maintenance in the first place regardless of where the parties are subsequently staying. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13914 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5149 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0