I am a divorced mother getting 15000 per month maintenance for my child, the father's salary has doubled, can I claim more?

Detailed Legal Analysis

Yes, as a divorced mother, you can file for an increase in the maintenance amount for your child if there is a significant change in the father's financial circumstances, such as an increase in his salary.

Under Section 125 of the Code of Criminal Procedure, 1973, a wife and children are entitled to claim maintenance from the husband or father, considering their reasonable needs and the husband's or father's financial capacity. The key points regarding your situation are as follows:

• Change in Circumstances: If the father's salary has doubled, this represents a significant change in circumstances, which can justify seeking an increase in maintenance.
• Child's Needs: You should demonstrate that the child's needs have also changed or increased, necessitating a higher amount of maintenance.
• Legal Procedure: You would need to file an application for modification of the maintenance order under Section 127 of the Code of Criminal Procedure, 1973. This section allows for the alteration of maintenance amounts based on changed circumstances.
• Evidence: Gather relevant documents to support your claim, including proof of the father's current salary, your child's expenses, and any other financial liabilities you may have.
• Court Jurisdiction: The application should be filed in the same court that issued the original maintenance order. In your case, this would typically be in Ghaziabad.
• Legal Representation: It is advisable to consult a lawyer specializing in family law to assist you in drafting the application and representing you in court.

Additionally, under Section 20 of the Hindu Adoption and Maintenance Act, 1956, the father is legally obligated to provide for the welfare of his child. If you believe that the current maintenance amount does not meet the child’s needs, this can strengthen your case for requesting an increase.

In conclusion, you have the right to claim an increase in maintenance due to the father’s enhanced financial situation. By following the proper legal channels and providing adequate evidence, you can present a strong case for a higher maintenance amount.