Sec 24 from wife and crpc 125 from child


Sir, I filed divorce petition and in return my wife filed application u/s 24 maintenance. she mentioned about my daughter expenses in application. In order, court  specifically mentioned that my wife educational qualification is very impressive  and she worked before and after marriage, although no proof of current job. Also court mention about my daughter school expenses .My income Rs.10K per month. In last para of order, court awarded mentioning “ since the respondent has no source of income to support herself therefore she is entitled to receive maintenance pendent lite from the petitioner to the tune of rs. 5k per month from the date of the present application. I ( & my lawyer also) believed this amount is for both my wife and my child, so I was okay. Today I received summon for crpc 125 , filed by my wife on behalf of my daughter. My questions are:

  1. Can I seek from the court (application, RTI or what) what was the ratio of maintenance amount for my wife and my daughter. no bifurcation was in order.
  2. If the maintenance amount was only for my wife, can I appeal in high court (5 months have passed of session court order) on grounds that I was mistaken that amount was for both my wife and daughter. If not , should I file review petition u/s sec24 asking court to stop maintenance for my wife, as I am willing to give 5K/month to my child under crpc 125. My wife can earn (highly qualified) ,but my child can’t.
  3. Or any other suggestion how to defend it.
 
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don't agree to pay a separate amount to your daughter only
try to put forward the quantum of maintenance to your wife and daughter together
and yes in reply to summon us 125 annex a copy of alimony ur paying us 24

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There is no standard ratio for maintenance The quantum of maintenance depends upon earnings of husband then liabilities on husband like his liability and expenses to maintain his parents and last in which way or we can say that what facilities her wife availed with her husband In such ratio she will be awarded the maintenance For eg. If some one earning 10k per month He have to expend rs 3k for himself ,3 k for his parents , and other expenses may be there so maintainence will be awarded in light of liabilities .
 
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Advocate

Originally posted by : Sumit

Sir, I filed divorce petition and in return my wife filed application u/s 24 maintenance. she mentioned about my daughter expenses in application. In order, court  specifically mentioned that my wife educational qualification is very impressive  and she worked before and after marriage, although no proof of current job. Also court mention about my daughter school expenses .My income Rs.10K per month. In last para of order, court awarded mentioning “ since the respondent has no source of income to support herself therefore she is entitled to receive maintenance pendent lite from the petitioner to the tune of rs. 5k per month from the date of the present application. I ( & my lawyer also) believed this amount is for both my wife and my child, so I was okay. Today I received summon for crpc 125 , filed by my wife on behalf of my daughter. My questions are:


Can I seek from the court (application, RTI or what) what was the ratio of maintenance amount for my wife and my daughter. no bifurcation was in order.

No, you cannot seek any clarification as the order itself clearly mentioned that " since the Respondent has no...."


If the maintenance amount was only for my wife, can I appeal in high court (5 months have passed of session court order) on grounds that I was mistaken that amount was for both my wife and daughter. If not , should I file review petition u/s sec24 asking court to stop maintenance for my wife, as I am willing to give 5K/month to my child under crpc 125. My wife can earn (highly qualified) ,but my child can’t.

I would advise you to challenge it as firstly the time limit for filing a review is already over.  Secondly, review petitions are rarely allowed.  You can challenge it in the HC using the FC observation that wife is well-educated and has worked before and after marriage. You need not mention that you were mistaken. You can file a Writ against the order as there is no limitation for filling a Writ. 

 
You can also highlight the conduct of your wife who rather drawing the attention of the Court by filing a review that no order was passed for maintenance of the daughter, instead initiates another legal procedure. 
 

 


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"You can challenge it in the HC using the FC observation that wife is well-educated and has worked before and after marriage. You need not mention that you were mistaken. You can file a Writ against the order as there is no limitation for filling a Writ. "

Thanks for the suggestion. just want to know what "FC means". I am not legal person.

If suppose this writ (against the order) goes in my favour than would HC direct session court to stop maintenance to my wife. If it don't goes in my favour, can HC increase the maingtenance amount from 5k to say 7k.

If my liability toward my wife comes to end (as she can earn for herself), then off course I can earn more  for my child and will be happy to do so.

 
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Advocate

Originally posted by : Sumit

I just want to know what "FC means". I am not legal person.

FC means Family Court. 

If suppose this writ (against the order) goes in my favour than would HC direct session court to stop maintenance to my wife. If it don't goes in my favour, can HC increase the maingtenance amount from 5k to say 7k.

The Court is not out to penalize you.  As long as your financial documents are in place, the Court will definately consider your limited means as well as your other liabilities and responsibilities. 
If my liability toward my wife comes to end (as she can earn for herself), then off course I can earn more  for my child and will be happy to do so.

 


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Thanks to All. All  replies are valuable for me.

 
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