Maintenance
Azimurrrehman Ansari
(Querist) 23 May 2014
This query is : Resolved
My wife filed case of CrPc 125 for maintenance of self, and two children in Ahmedabad family court in December 2012. The court did not gave any interim order. Now in May 2014 the court gave final order and rejected wife's application for maintenance but ordered for two children. The court has order for Rs.5000/- for daughter and Rs. 4000/- for son and both of them are minor. I am drawing salary of Rs. 12,000/- per month currently.
My question :
Whether this maintenance is applicable from the date of application or from date of order.
If it is from the date of application, should I have to pay for the last two years maintenance. If it is tru how can I pay around Rs. 2.00 lakhs @ Rs. 9000/- pm maintenance.
Can I appeal in High Court for reducing the amount of maintenance.
I am not in a position to pay Rs. 2.00 lakh, what action the court will take.
Please help me.
Thnx
Ansari
e-mail : rose_sunflower99@yahoo.co.in
Mobile No. 9967594946
Devajyoti Barman
(Expert) 23 May 2014
Date of operation must be reflected in the order itself.
If the order is silent on this then it is toi be considered from the date of passing of order.
You can challenge the order in sessions or high court for modification based upon your true monthly income
Rajendra K Goyal
(Expert) 23 May 2014
The maintenance is to be paid from the date of order if no specific date mentioned in the order.
The appeal can be filed if within time.
