ankit 22 February 2015

Appeal against interim maintenance order under section 125

Hello Experts,

Family Court has awarded interim maintenance to my wife under section 125. I think the amount awarded is more than I expected.

I have few questions -

1) Can I appeal against “interim maintenance order under section 125”

2) What is a revision petition?

3) On what basis maintenance is calculated –

Few details of by case –

· We were married 5 yrs. back

· We stayed together for first 5 months

· We do not have any baby.

· My salary is 50k

· She has Masters Degree and prior job experience (So she is capable to maintain herself) but now she is arguing that she is not able to find a job. (Which I think is false)

· Her parents are getting pension.

· My parents are also getting pension.

Pls. let me know any other case that I can use as reference for maintenance calculation.

Thanks in advance.

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8 Replies

(Guest)

Originally posted by : ankit

Hello Experts,

Family Court has awarded interim maintenance to my wife under section 125. I think the amount awarded is more than I expected.

I have few questions -

1) Can I appeal against “interim maintenance order under section 125”

You should have filed objections for her 125 crpc application. Now you can go for appeal in HC with change in circumstances application.

Income - expenditure [loans, insurance, power, rent, etc] = take home income, on that 1/3rd will be calculated.

If she is well educated, then give her details to court, marks card, certificates. If she is working give her salary slip. If she has property, get details via RTI through sub-registrar office. Or Ask for appointment of COURT COMMISIONER who will get you details of her immovable assets. If she has hid her income/assets then her application will be eventually dismissed.

In case your change in circumstances application will be accepted, you will have to clear off balance from date of application till the date of re-order/readjudication of such maintenance awarded u/s 125 crpc.

Such change in circumstances application need be given to court as and when your income changes for court to calculate and re-adjudicate the maintenance awarded either under section 125 crpc or IA, ie interim alimony.

IA is different, 125 is different. IA is only until case of divorce or any other related case of matrimony is over. Once case of Divorce or DV or 498a is over you need not pay interim alimony ie IA.

But 125 is permanent, you will have to pay until such day lovely wife remarries.

Interim alimony awarded is only for a period of 1 year and your lovely wife has to file IA application at the end of each year. And any IA awarded is for a period of 1 year only, so by the end of 1 year only if she is filing IA application again, you need to pay her money or if no need to pay her IA. But as 125 has already been ordered, you need to pay it religiously until such re-adjudication.

2) What is a revision petition?
Asking court ie the next higher court than the trial court to revise the alimony/maintenance ordered by the trial court.

3)      On what basis maintenance is calculated –

            Few details of by case –

·         We were married 5 yrs. back

·         We stayed together for first 5 months

·         We do not have any baby.

·         My salary is 50k

·         She has Masters Degree and prior job experience (So she is capable to maintain herself) but now she is arguing that she is not able to find a job. (Which I think is false)

·         Her parents are getting pension.

·         My parents are also getting pension.

No connection between parents pension and yourselves, once you marry its your OWN HEADACHE and not that of parents.

Pls. let me know any other case that I can use as reference for maintenance calculation.

Thanks in advance.

1 Like

jack (nothing) 23 February 2015

There are judgements u can search in inter net. 1) highly educated and capable to earn. No maintenance 2) educated and previously working women , there is no maintanace.

Adv. Chandrasekhar (Advocate) 24 February 2015

Family court's interim order under Section 125 cr.p.c. is appealable before the Division bench of the concerned High Court.

T. Kalaiselvan, Advocate (Advocate) 25 February 2015

You have repeated the same query in another thread too where other experts have given more replies, so you may visit that thread too to know about the other replies too.

ankit 28 February 2015

Thanks Helping Hand, jack, Adv. Chandrasekhar, T. Kalaiselvan, Advocate

She had filled 125 and 125 interim at the same time. I have replied both. There was a hearing for 125 interim and court awarded her IA.

If I approach High Court against AI what should I fill - revision petition or Change in circumstances. As IA order is passed just now “Change in Circumstance” may not stand, what’s your opinion?

I was thinking as she is well educated and has work experience Court will award her less alimony but that didn’t happen. Her argument in court was that she is unable to find a job now.

SAINATH DEVALLA (LEGAL CONSULTANT) 12 March 2015

Highly educated but unemployed presently,advantage for UR wife.If she secures a suitable job in future U can appeal for stopping maintenance,proving her employment

Raj (None) 29 April 2015

Experts / Members opinion/ advise in following matter...

I have been ordered IM by Bandra Family Court of Rs 2500/- on April 17th 2015, now the next date of case is 11th May 2015. I need advise should I go for stay in High Court on Interim Maintenance.

Its already I have been fighting for justice since last 5 years. Now I m fade up.. as I am running out of my age, I m 43 yrs of age now. I want to finish up this case as early as possible. I am fighting this case on my own. I am strong in my case which I think. Please help, need your opinion. Should I go for appeal on IM in High Court. Will it help me or put me in more trouble. My case is exactly the same as above.

rudraksha singh rajpurohit 08 December 2016

Court order Intrim Maintenance in Year 2006 to pay wife quantum of Rs 2000 per month, In 2010 court order final order increasing the quantum to Rs 8000 and to pay it from 2006, now i have liability to pay 740000 to wife, why Court is asking to pay it from 2006, can I challenge the order to pay it from 2016. if yes on what grounds can i challenge the order any case or ground.