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 .
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
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
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
Hi, you have to file application seeking for enhancement of the maintenance in the same Court in which earlier order was passed.
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
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.
