Legal Question in Family Law in India
Decree holder had filed an application seeking maintenance and directed the judgement debtor to pay a sum of Rs.8000/-p.m. As the judgement debtor is unemployed and not having any income filed writ petition before the hon'ble high court of karnataka. Decree holder filed another writ petition seeking enhancement of amount and was enhanced to Rs.15,000/-p.m. Decree holder mislead the hon'ble courts even though she has rental income of Rs.30,000/-, income of Rs.4 lakhs per annum from her income tax details and property worth 3.5 crores. Later this was confirmed in her cross examination and asset and liabilities filed by her before family court. Decree holders father visited the company wherein the judgement debtor was working and created unpleasant scene and he was removed from the service. Now the judgement debtor is depending on his aged father. Interim maintenance amount was paid by the father of judgement debtor.
How to prove she has mislead hon'ble high court of karnataka as the maintenance amount was enhanced to Rs.15,000/-p.m ?
1 Answer from Attorneys
File applications in the Decree holder's writ as well as the JD's writ and annex all DH's financial details and affidavit regarding those details along with her cross examination statements filed before the trial Court. These applications should pray for modification of order of enhancing of maintenance and quashing of the maintenance amount respectively.
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