Muslim woman needs enhancement of maintenance

Question asked on: 04/03/2019

Muslim women divorced and received maintenance, but the maintenance is as per 2006 standard of living is not sufficient. How can it enhance?

Advised by: Shivendra Pratap Singh,

You can move an application before the Magistrate’s court under section 127 of the code of criminal procedure (crpc) for modification of maintenance order. Section 127 crpc empowers the Magistrate to alter the quantum of maintenance as he thinks fit in the circumstances of the case.

The law of maintenance contained in Section 125 – 128 crpc, apply to one and all irrespective religion. Thus, it is equally applicable to a Muslim woman if she remains unmarried after the divorce. If maintenance becomes insufficient, you can approach the court for modification of maintenance order under section 127 crpc.

Insufficient maintenance

You can move application only if you can prove that alimony is becoming inadequate in the current circumstances. If circumstances have changed and his wife became destitute or living in hardship, then the court is empowered to enhance the amount of alimony as he thinks fit.

There is no bar of maximum limit regarding enhancement of maintenance. The court has full discretion to enhance the quantum of support according to the factual position of the case. What is the basic need of a wife to maintain her living standard? The court considers the above question for the determination of enhancement of maintenance.

If you fail to maintain the living standard which the other woman of your husband’s family has been living then definitely your maintenance may be increased.

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Shivendra Pratap Singh

Advocate, Lucknow

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