Vishal (Marketing Executive) 08 December 2013

Interim maintenance awarded- want revision

This is with regard to the ongoing Maintenance case filed by my wife u/s125crpc.

after almost 1 year of her filing of case and my filing of objections, the ld JM awarded a interim maintenance decree of Rs.15000/- per month. The court has awarded maintenance to be payable since she has filed the case.

My wife is working at her parents shop and is commerce graduate by degree. I have not been able to find out her income details. I have been able to find her PAN number and certain ads published by her father online through B2b site mentioning her as the MENTOR. I did submit all the documents to the court for consideration but in vain.

Also would like to highlight she has claimed for 65k per month alimony citin me to be the propritor of a firm which is registered since inception in the name of my younger brother. Also another firm which was closed in 2011. I have also furnished my It return to the court mentioning my salary amount 4200/- per month along with my appointment letter. xerox copy of cheque received as salary.

I have been awarded with 15K maintenance payable along with arrear.

Please suggest and help how do I get out of this situation. She has not submitted any documents till date to press upon my income which she has mentioned as 2.5 lacs to the court.

Need advice and help from all around. Will legal process to follow suit.

Also is the documents published on different Website promoting B2B a legal evidence and how can i authenticate the same.

Regards - Vishal

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3 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh) 08 December 2013

U may file revision against order of interim maintenance.

great india (manager) 09 December 2013

But why and on what basis its awarded...???

(Guest)

You may file for a revision in such cases. Section 397 (1) is applicable in this matter. 90 days is the time limit, for revision in Session’s court of high court. However there is no time limit for petition u/s 482 CrPC.

Maintenance awarded to the wife by the Court is usually awarded keeping in mind the qualifications and income of the parties. You may place as evidence, the income of herself and yours. It would be advised to you that you file for a revision in such cases. You may place as evidence your income certificate and also the advertisements that you found.

Though, all this would not entirely discredit your wife from claiming maintenance from you- you have to pay her maintenance in all cases- except when she is earning more than you; this would certainly help in securing a more reasonable and justifiable sum as her claim for maintenance.

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

-Regards

Advocate Pooja

www.lawkonect.com