Crpc 125 & HMA 9

Magan (Querist) 07 November 2016 This query is : Resolved
Respected sir

In very brief

I have been ordered by family court to pay interim maintance in both crpc 125 & sec 9 HMA .
₹ 5000 wife + 4000 baby boy

My income is 12-13 k p.m.

My lawyer said this is interim not fix so need. To appeal In . HC ,

My wife lawyer had to give evidence in next hearing for fix this or higher , after that fix maintance we has to appeal in high court .

They also said interim maintenance is fixed by judge with evidence like some online page of my father sole proprietor firm in which I had zero role . secondaly that page is not having any detail info . only written my name and I am Md of that .

Is this is good evidence for interim

Please give some advice

Thanks in advance

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Magan (Querist) 07 November 2016
Interim maintance is higher than income and what to do next

adv.bharat @ PUNE (Expert) 07 November 2016
Magan u need to explain it to honerable court along with valid proof of it.

Yes sole proprietorship does not amount to sharing of profit in it.

Will u appreciate this answer by clicking THANKS on my profile?

Magan (Querist) 08 November 2016
HC or family court sir

Magan (Querist) 08 November 2016
Thanks for reply

Guest (Expert) 08 November 2016
It seems, your lawyer is not contesting your case sincerely. You may have to change him.

Devajyoti Barman (Expert) 08 November 2016
The amount is most reasonable.
Though you can file Revision in High court, i find little merit in such revisional application.

Rajendra K Goyal (Expert) 08 November 2016
Have you submitted proof of your income in the court?

Has your lawyer argued properly?

May wait for final decision regarding maintenance.

adv.bharat @ PUNE (Expert) 08 November 2016
Author need to explain the query raised by expert.

adv.bharat @ PUNE (Expert) 08 November 2016
U can wait till final decision of court.

Ms.Usha Kapoor (Expert) 09 November 2016
Agree with experts.

M V Gupta (Expert) 11 November 2016
It is not clear how and why the interim allowance was granted by the court in the RCR application filed by you. Also it is not clear how the family court granted the allowance under Section 125 of Crpc. You may move application in the family court to reduce the allowance or to cancel the same on the ground that ur wife is without any just cause left you. If the court does not accept ur plea u may have to go in revision to HC.

Ms.Usha Kapoor (Expert) 11 November 2016
I agree with Mr.Barman.Also without reasonable cause your wife ha left your company.Hence she is not entitled to mush maintenance from you.

Rajendra K Goyal (Expert) 11 November 2016
Author has not provided the information sought by the experts.

Magan (Querist) 13 November 2016
With regards Thanks alot experts
My advocate send me court copy carrying these order detail in both cases

1. Court said we without proper proof by girl side admit that boy father has sole proprietor business ,but boy doing job must be earning 30-40 k , as he is highly educated .

#But I am graduate BA & girl is MA bed .teaching from 4 yes before marriage to nursery class as asstiant / helper .
I am earning now 8-10 k present.

2. Marriage palace is best in area
# but actual it is very normal & cheap & beat for small crowd marriages .

3. I had to pay from date of order monthly interim maintance

# from date of order means ???

4. Girl side attached copy of hospital card on which it is hand written cloth manufacturing . but during dilievery I had told them I am in private job is written in that time file ... I had

5 second they attached copy of my father business in some online site doing free business listing . information is very little and. Completely fake .

6. My advocate told me to wait till final decision, also said its on girl side to prove evidence not ours .

Crpc 125 & HMA 9

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