child maintainence
Querist :
Anonymous
(Querist) 25 September 2013
This query is : Resolved
Hi, my wife has filed a case against me under Domectic Violence Act. Thisis going on for a year now. In the last hhearing, the judge has passed the order to pay 10,000 per mnth towards my child who is 2 yrs old and in her possession. Is there any way i can challenge this? If yes, on what grounds? I have also filed a divorce cade 2 mnths bck for wch i got my next date of dec.
M.Sheik Mohammed Ali
(Expert) 25 September 2013
you should pay the maintenace, that is law,
if you challenge that order, you proved that your wife has working and more salary.
V R SHROFF
(Expert) 25 September 2013
U R BOUND TO PAY MTN FOR YOUR CHILD.
Querist :
Anonymous
(Querist) 26 September 2013
I am willing to pay, but not 10000.. Also my wife is working.. But little lesser salary than me..
V R SHROFF
(Expert) 26 September 2013
Both have to pay 50%
Dr J C Vashista
(Expert) 26 September 2013
The amount of Rs. 10,000/- for maintenance of child of 2 years old can be challanged in revision.
You will have to pay (some amount) for the child depending upon your income, status and standard of living less liabilities.
V R SHROFF
(Expert) 26 September 2013
Act as advised by Dr. JCV, Shri Savesh
As u did not mention ur income/ wife's income / ur liability towards parents [ & ur Name too???] we cannot advise further, or give our opinion whether 10k is more or not..
Adv. Chandrasekhar
(Expert) 26 September 2013
As per DV Act appeal lies in Sessions' court. Both wife and husband have equal responsibility and the child has the right to live a life with such standard which its estranged parents live, the court fixed Rs.10,000/- from your side. The grounds available to you are that your wife is working and she has not been cast with the equal responsibility, and/or you are not earning that much and you are not in a position to part with Rs.10000 every month and/or your child is not entitled to live such a standard life. But for you, I see the darness at the end of tunnel by raising such grounds.
ajay sethi
(Expert) 26 September 2013
you have not mentioned your income .
Querist :
Anonymous
(Querist) 26 September 2013
Hi, my name is Manoj, my income is 6.5 lacs and wife's income is 5 lacs per annum.. Email: mahuja123@gmail.com
ajay sethi
(Expert) 26 September 2013
considering your income of over Rs 50,000 per month maintenance order of payment of Rs 10,000 per month is not excessive . .wife is equally responsible for child maintenance. have you in your reply to DV complaint mentioned your wife income .has court considered her income too . it is necessary to go through the order passed by magistrate
Querist :
Anonymous
(Querist) 26 September 2013
Yes, her income is mentioned in court records. Bur i cannot afford this amount at this time. Also, what are the chances tht this amt can go up in near future?
ajay sethi
(Expert) 26 September 2013
your wife would have to make application if she wants increased maintenance . if expenses of child grow maintenance amount would increase . go in revision against the order as although your wife income is on record yet entire burden fastened upon you .
Rajendra K Goyal
(Expert) 26 September 2013
Well advised by the experts, nothing more to add.
Dr J C Vashista
(Expert) 26 September 2013
since both of you are getting handsome income, revision will not survive if you have a desire to file it, rest is your decision.
Better to engage local lawyer for further qurries,you have already beeen well advised and nothing more to add.
