125 crpc oder jm court 30k per month
stolt
(Querist) 12 February 2013
This query is : Resolved
I was paying an interim maintenance of 8000rs per month, self with merchant navy,
working around 4-5 months in a year and totally stuck with other litigations, 498A,ipc 506,divorce cases.
First class judicial magistrate has ordered me to pay 30,000rs per month.
I did not submit my IT returns to the court fearing it will increase the present interim maintenance order.
also in section 24 HMA, divorce case filed by me, ADJM ordered a alimony pendilite of 20,000rs per month, that i have filed for revision at high court.
My in laws have produced a contract letter of mine from the year 2009, stating a salary of 2 lacs per month, contract period 3-4 months.
I am not a NRE, My IT return for last 2 financial years have been only 6.5 lacs per annum.
I am totally stuck with litigation and every month hearing.
I am planning to file my criminal revision at session court,will the court accept my IT returns now, which i had not submitted earlier.30k per month is impossible, please help.
My wife is a double graduate, she is giving false statements that she is still studying.
kindly help???
ajay sethi
(Expert) 12 February 2013
1) is your wife working ? if she is not working she is entitled to maintenance .
2) you ought to have filed your IT returns .
3) make an application for modifcation of order and enclose your It returns . go by your lawyers advise
R.K Nanda
(Expert) 12 February 2013
agree with Sethi.
stolt
(Querist) 12 February 2013
my wife is not working purposely.also she never worked before.
R.K Nanda
(Expert) 12 February 2013
then she is entitled for maintenance.
ajay sethi
(Expert) 12 February 2013
if your wife is a housewife she is netiled to maintenance
Raj Kumar Makkad
(Expert) 12 February 2013
Having a well qualification and having job are two different aspects. In the given facts, you shall have to pay maintenance and I think you should definitely put your IT returns before Sessions Judge so that an appropriate amount of maintenance may be fixed.
stolt
(Querist) 13 February 2013
thank you for your suggestions.
only to confirm that, will my IT returns be taken for consideration at session court, which i had not earlier put up in the first class judicial magistrate court.
