Gaurav Bhatia (Techical Leader) 12 November 2014

125 revision

Dear Sir,

My wife has filed revision petition in HC against the lower court order of the family court. FC has awarded 12,000/- ( 7000/- to wife and 5000/- to minor son). My gross income is 11.25 lacs/year (93000/- per month) but my actual take home is 42,000/- after deductions and i have shown the salary slip of 62,000/-. Remaining amount 31,000/- i.e (93000 - 62000) includes Employer Provident Fund, Gratuity, Medical Insurance and company incentive plan.

I also moved to HC against the lower court order to waive off the amount awarded to wife as she left the matrimonial home with her own will and i have the audio recording for the same. Also, she has given many contradictory statement before the court and unable to prove the cruelty.

But still i don't receive the summons from the high court as I have changed my residence. I come to know that my wife has already moved to high court from the court website as both the cases as listed.

Lower Court Order: 1-Aug-2014

Wife moved to HC: 4th Sep, next hearing date was 17th oct, next will be on 11th Dec

I moved to HC: 20th Oct

Kindly suggest what will happen now. Can HC enhance the monthly allowance based on my gross income or amount can be waived off based on the evidence I have ?

Kindly suggest.

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2 Replies

(Guest)

Orders will be passed.

There have been cases where the Honorable HC has increased the maintenance as it felt the lower court's decision is wrong as the wife is having a child and husband is handsomely earning, the court will also take into consideration the place of living too into consideration. So it solely depends on the discretion of the court. So keep your fingers crossed.

I am of the opinion that you should not have approached the HC for revision. If the HC orders are not in your favor, you may subsequently approach the Honorable Supreme Court of India.

Its advisable that, if you are in private job where there is no job gaurantee, you file change in circumstances application to the court whenever there is a change in income/job and ask for readjudication of the maintenance without fail.

Gaurav Bhatia (Techical Leader) 14 November 2014

Thanks Sir For Reply ...

If high court increases the amount for ex: from 12,000/- to 20,000/- then i will have to give 20,000/- from the date of application she filed in the lower court or from the date of revision application she filed in the high court against the lower court order.

Please clarify.