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False crpc 125

(Querist) 20 November 2014 This query is : Resolved 
my wife files false crpc 125 against me and ask maintains for my child he is 1.5 year old.family court,ahmedabad granted intrim maintains Rs2500 for minor child..
my wife is working in government school and earning 20,000 per month but in family court she wrote that she is earning only 5300/- and at that time i do not have my wife salary proof.. but after i got my wife salary proof and i have file revision application in high court against this intrim maintains order...with all my wife salary and appointment letter evidence.

but high court of Gujarat disposed of my revision application and in oral order judge mention that no revision can be filed until dispute between has been not finalize by lower court...

now i am going to file review application in same court so please give me any judgement order that husband can file revision application against intrim order passed by family court

please give me any other advice....
Devajyoti Barman (Expert) 21 November 2014
Take hep of a lawyer. He must be knwing as there is no dearth of decisions that revision lies in high court against interim order.

If the court provides maintenance only to the child but to your wife, it is bad and immoral to challenge maintenance granted to your own child. Never do that.
Rajendra K Goyal (Expert) 21 November 2014
Your child is liable to receive maintenance from you. If it is for child, better wait till final order. However it is interim maintenance, let the final be decided on merits.
ajay sethi (Expert) 21 November 2014
repeated query
Sudhir Kumar, Advocate (Expert) 21 November 2014
How much your 1.5 year old child is earning?
advocate Avdhesh chaudhary (Expert) 21 November 2014
maintenance of just 2500/- is not much. why yu want to spent it in court proceeding instead giving to your child. mind it you are liable to maintain him even your wifes earnings
Dr J C Vashista (Expert) 21 November 2014
Maintenance of your child is the responsibility of both of you, if your wife is also earning.
Sudhir Kumar, Advocate (Expert) 22 November 2014
you can file revision on the basis of salary slip/ITR or your 1.5 year old child. or get the summons to the child's employer directing him to come to court with salary details of your child.
Sudhir Kumar, Advocate (Expert) 22 November 2014
agreeing with Mr Avdesh Chuadhary I will add that it is your wife who should file revision of this paltry amount.
T. Kalaiselvan, Advocate (Expert) 24 November 2014
Well considering the maintenance amount is for your child and that a paltry Rs. 2500/- only, it is wise thing to not to proceed further with review of the lower court's decision.


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