Maintainance order by magistrate for More than Rs. 5000/-

Querist : Anonymous (Querist) 19 May 2011 This query is : Resolved
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My 125 crpc petition is pending before magistrate court and my husband is earning 1.5 lac Rs. per Month,i have heard that magistrate is not empowered to grant maintainance more than rs. 5000/- is it right,kindly also provide citation if available.Thanx

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Guest (Expert) 19 May 2011
YOU MAY ALSO FILE A CIVIL MATTER UNDER HINDU ADVOPTIONS AND MAINTAINENCE ACT .YOU CAN CLAIM MAINTAINENCE AS PER YOUR STANDARD OF LIVING AND ALSO INCOME OF HUSBANKD.GOOD LUCK

abhay dholakiya (Expert) 19 May 2011
no what u heared is wrong i saw in many claim judges give more that this ammount and as per mr Nandkumar advice maintaines is also depend on your husband income and life style

M.Sheik Mohammed Ali (Expert) 19 May 2011
yes, you can claim more amount from him, i do agree experts.

M/s. Y-not legal services (Expert) 19 May 2011
You understood something mistakely.. Its not fine amount which is a magistrate not allowed to impose heavily. Maintenance is differ from penality amount.. So magistrate can order any reasonable amount as maintenance.

Bhawani Mahapatra (Expert) 19 May 2011
Dear Anonymous

Earlier it was a provision u/s-125Cr.P.C that a magirstrate can pass an order of maintainance not exceeding five thousand..........But w.e.f24.09.2001, the word "not exceeding five thousand rupees" has been omitted by Act no.50 of 2001 vide sec-2.
So you just file a petition for maintainance and prove the income of your husband.
Not necessary to file a separate suit under Hindu adoption & Maintainance Act.

Advocate Bhartesh goyal (Expert) 19 May 2011
Mr Tom $ Mr Bhawani explained the query in nice manner.

Querist : Anonymous (Querist) 19 May 2011
Thanx a lot to all experts
Manju

Adv Amit Kulkarni (Expert) 19 May 2011
u can file revision in this case for enhance ment in amt

Guest (Expert) 19 May 2011
i agree with the experts and also you have heard wrong that a magistrate can not pass more than 5000 Rs so dont bother it will be more than 5000 if you show the income of your husband in the court

Guest (Expert) 19 May 2011
Agree with Mr. Mohapatra.

PALNITKAR V.V. (Expert) 20 May 2011
There is no ceiling on the amount to be awarded. But it has to be reasonable considering the income of the husband. infome if any of the wife is also to be considered.

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