Regarding maintance
m.s. chouhan
(Querist) 28 June 2016
This query is : Resolved
my wife had filed false FIR under u/s 498a and 342 and now filed 125 for maintenance in oct 2015. I have one child for 2 years who is along with her. she is well qualified (Msc. Bed) and have working experience about 9 years in pvt. school presently she is also working but has hide the truth from the court, so I want to ask you if I will not able to proof initially as she is working so what amount can be awarded by the court to her as interim maintenance if my salary is 30k, and should i have to pay it from the date of petition filed or from the date of order passed by the court.
Devajyoti Barman
(Expert) 29 June 2016
Past working experience of wife is no excuse.
The amount should be between 8-10 k.
Rajendra K Goyal
(Expert) 29 June 2016
You have to pay maintenance for your child.
Siddharth Dev
(Expert) 30 June 2016
if you can prove that she is earning only than you will not pay maintenance but it for this purpose you again have to spend money for detectives and evidence.
So i agree with Rajendra K Goyal.
Thank you
m.s. chouhan
(Querist) 01 July 2016
thanks for all experts giving me your valuable time for helping me. As I told she is surly working and it seems to me I am able to prove it too. but may take some times but meanwhile interim maintenance order may be passed by court. if so can this maintenance be revised latter on and how much it may come down if the court presently pass the order 8-10k. and will the court take any action against her for telling lie to court.
Dr J C Vashista
(Expert) 05 July 2016
1. Collect all evidences to prove your version and submit before the court through your lawyer.
2. Prima facie it is a hypothetical and academic query found mentioning if so then what, if so then what.....
3. Concentrate on your personal problem, if any.
4. Consult your lawyer for further advise and proceeding.
Dr J C Vashista
(Expert) 06 July 2016
It is an appreciating and good gesture to say "thanks" to motivate the experts in token of their social service.
You are welcome.
m.s. chouhan
(Querist) 26 September 2016
court has passed interim maintenance order for Rs 7000/- (5000 for wife and 2000/- for child aged two years) despite of submitting evidence of her working and medical certificate of my both parent who are dependent upon me and undergoing medical treatment and having regular medication too.
my income is 30k p.m. which I already declared to the court, so I want take the advice should I go for an appeal? or not
if yes, so should I have to pay the maintenance i.e. 7000/- till the appeal judgment come?
Dr J C Vashista
(Expert) 26 September 2016
Yes, you are required to pay @ Rs. 7000/- pm since the date of application or order (as mentioned therein the order).
However, if you can prove file an appeal through your counsel for modification of orders.
