ankit 22 February 2015

Interim maintenance order under section 125

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

· 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)

· We do not have any baby.

· 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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3 Replies

Advocate Ravinder (Advocate/Attorney) 23 February 2015

Under Section 125 cr.p.c. the maintainance payable is Rs. 3500/- per month to each i.e. Wife, Children in Telangana. It will differ from state to state. In your case the Judge may decide between 2000/- to 3500/- according to your salary/income. However, you can raise your contention that she is master degree and prior experience of job. You can avoid to pay maintenance to your wife. Though your parents are getting pension, you have to give maintenance. Because pension is not coutanble as source of income. If your parents have any property or other income, you may be exempted to give maintenance.

T. Kalaiselvan, Advocate (Advocate) 25 February 2015

You cannot avoid paying maintenance to her just on the basis of she is qualified and had a job experience in the past. If she is not employed now, you are liable to maintain her and meet her expenses. This will not be a ground to repudiate her claim, think of something better or consult your lawyer and decide about next step.