Family Law

Enhancement of maintenance already fixed by the court

Whether the enhancement of alimony is possible? I married in the year 2003. My husband was rude and careless towards me. Therefore, I finally decided to leave the matrimonial home. Now, I have been residing with my parents. I started working as a school teacher. Unfortunately, my salary is not enough to meet my essential expenses.

I am a childless woman but unfortunately suffering from financial paucity. I need financial help, therefore, filed a petition for maintenance under section 125 CRPC. Finally, the court has fixed the monthly alimony as rs. 4000.

My husband cheated by making the promise to pay a high amount as maintenance.  I relied upon him and got a mutual divorce from the family court. Now my husband has retracted from his promise and denying to fulfil his obligation.

Right now, he has promoted at the post of the senior manager. In light of the above facts, I want enhancement in maintenance. Is it possible to file any suit or petition for an increase in alimony? Kindly help.

Maintenance after iddat period – 125 CrPC

Sir, I have applied to section 125 CrPC for maintenance. During the pendency of that application, my husband unanimously gave divorce. He is planning to marry another woman. After that, I filed another petition under section 3 of the Muslim Woman (Protection of Right on Divorce) Act 1986, for delivery of my ornaments and other belongings.

However, he delivered all the items and paid maintenance during the Iddat period, but he is neglecting to maintain beyond the Iddat period. In the meantime, he filed a reply in the proceeding under section 125 that Muslim woman is not entitled to the maintenance after the Iddat period and he does not want to proceed under section 125 whether I’m still entitled to the maintenance after Iddat period.

Paternity of child can be decided by DNA test

Can DNA testing decide paternity of a child? I want to get paternity check of my child through the court because I think that my wife had a sexual relationship with a man before the marriage. Her paramour is also working in Bangalore, and he used to contact her via...

Compromise in matrimonial dispute

My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have reached a conclusion that we should settle our disputes out of the court, hence, our disputes have settled. Finally, I want to know what procedure should I adopt to settle these cases?

Second application under section 125 crpc for maintenance

Sir, I refused to live with my husband due to deliberate demand of dowry and act of cruelty. I filed a maintenance case against him under section 125 of CrPC then court granted maintenance. My husband approached my family to reconcile the dispute and convince me to live with him. He approached my family with an ulterior motive to frustrate the maintenance order.

When I resumed marital life the same act of cruelty began because he had no interest to start a new life. My life became miserable thereupon I again decided to leave the matrimonial home. I left the matrimonial home and joined a convent school as a Hindi teacher.

Now I want to file another maintenance case against him however I revoked earlier petition due to resume of matrimonial life. Can I file such a case?

Adoption is invalid if child actually not given and taken in adoption

The child has given in adoption as per astrological advice so as to save his life. A widow of a lower caste community adopted the child for the purpose of superstition that child will live long. Of course, the child actually is given and taken with an ulterior motive.

Thereafter the child lives with his biological parents because the adoptive was illusory. The child thus claiming his right in the property of the natural family. The main contention, therefore, is whether it is valid under section 11(vi) of HAM 1956. There was no intention to give the child in adoption because the child has been living with biological parents. Is the adoption valid?

Convert divorce case in to mutual consent divorce

Can court convert the divorce case filed under section 13 of the Hindu Marriage Act into the Divorce of Mutual Consent under section 13B of the same Act? I filed a divorce case under section 13 at Jhansi Family court. The opposite party i.e. my wife, never appeared in...