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domestic voilence- interem maintainance granted

(Querist) 11 June 2008 This query is : Resolved 
sir,
MY BROTHER EARNS AS PER HIS ITR 1.70LACS PER ANNUM.THE MM GRANTED THE LADY RS RS.8000/- PER MONTH AS MAINATAINENCE. BY WHICH SHE AGAIN APPEALED AT ADL. JUDGE FOR INCREASE AND WAS GRANTED RS.15000/- PER MONTH AS INTEREM MAINTAINENCE INCLUDING THE CHILD OF 3YRS. NOW HOW IS IT POSSIBLE THAT SHE BE GRANTED MAINTAINENCE MORE THAN WHAT MY BROTHER EARNS. PLS. ADVISE WHAT SHOULD WE DO AS SHE HAS PUT AT LEAST 10 CASES AGAINST HIM. HE IS NOT ABLE TO ATTEND WORK REGULARLY AND ALSO BECAUSE OF THESE TENSIONS HE IS DETECTED WITH BP & SUGAR.
FROM WHER HE WILL BRING THE MONEY MORE THAN HIS CAPACITY TO EARN & IF ALL IS GIVEN TO HER THEN WHERE WILL HE FEED HIMSELF.

TIS IS REAL CRUELTY. PLS. ADVISE.

THANKS

NEERAJ GUPTA
Rajesh Kumar (Expert) 11 June 2008
Ask him to refuse to pay money and undergo civil imprisonment. Civil disobedience- the gandhian way. Inform everybody that why are you going to jail.
Guest (Expert) 11 June 2008
Take the matter to higher forum and plead for justice. Do you proof that your brother earns only 170000. What is the basis for claiming and the court accepting Rs.15000pm. If he is an Income Tax assessee, then produce return as evidence the higher court will reduce the maintainence.

Injustice starts with trimphing note and ends in a death note. Take courage and fight.

In a case in Karnataka, the judge ordering illogical maintenance was punished with strictures. He has duty to do justice and act with fairness.
arunprakaash.m. (Expert) 12 June 2008
you can approach higher judiciary.
SANJAY DIXIT (Expert) 02 September 2008
Yes Mr Kotresh has said well. If you have such income proof of your brother, you may approach to higher authority.
NEERAJ GUPTA (Querist) 03 September 2008
right now he is in civil imprisonment for one month for not paying the maintainance as ordered by the court. The court could not get any money from attachment & the boy accepted that he is pennyless because he is unable to earn as there are so many cases filed by her against him. He is in a profession & needs 30 days of every month to earn.
ARVIND JAIN (Expert) 19 September 2008
IN THIS CASE HE MUST MOVE TO THE HIGH COURT FOR QUESHING OF THE COMPLAINT.


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