Maintainence
pushpakrishna
(Querist) 02 March 2012
This query is : Resolved
Dear experts
Wife filed a petition for maintainence and the court awarded rs.2000/-per month.petition filed for maintainence but husband not complied and hence court sent him jail for one month ,later he released.but what to do now,as the wife is not in a position to show his income with a documentary evidence.but is having income getting about rs.5ooo/-per month doing a private job. kindly advice with a suitable suggestion.
Arvind Singh Chauhan
(Expert) 02 March 2012
What is the use of showing his income now, if court has pronounced judgment.
Nadeem Qureshi
(Expert) 02 March 2012
Dear Pushapakrishana
no need to worry about it, file another application for recovery of money and sent him to jail, whenever he does not pay the maintenance.
Feel free to call
Selvam Perumal
(Expert) 02 March 2012
Once an Order has been passed as against the husband for paying Rs.2,000/- to his wife then now the wife cannot do anything for proving that her husband is earning Rs.5,000/-.
But she can file an application before the trial court under Section 127 of Cr.P.C. for alteration of monthly maintenance amount by citing that he is earning Rs.5,000/- per month for which the wife can summoning the husband’s employer/Salary Officer for proving his actual “take-home salary”.
So that the court can modify its earlier order by taking into consideration of TWO things namely: (1) his actual “take-home salary” and (2) wife’s actual necessity.
I think the above submission will suffice for your query.
I request the learned Experts to correct my submission if any mistakes found in it.
ajay sethi
(Expert) 02 March 2012
if husband is earning rs 5000 per month maintenace amount awarded by court to wife of rs 2000 is reasonable amount .
husband is bound to comply with court orders. if he he fails to pay and is in default then wife can draw attention of the court and husband will be sentenced to imprisonment for filaing to comply with court orders.
Kirti Kar Tripathi
(Expert) 02 March 2012
once order is passed, it binding upon the parties unless it is modified or set aside by the competent court. After passing of judgment, you are not required to his earning but you have to show his property from which the ordered amount can be recovered.
Advocate M.Bhadra
(Expert) 02 March 2012
Your query is not clear,Maintenance allowance Rs.2000/- is minimum which passed by the Court,husband can file a petition u/sec.127 Cr.P.C. or file a revision petition in High Court for alteration the same.
Raj Kumar Makkad
(Expert) 02 March 2012
Court has passed a thoughtful order. There seems no reason to disturb the amount of maintenance.
Deepak Nair
(Expert) 03 March 2012
I have similar views as that of Mr.Rajkumar.
prabhakar singh
(Expert) 03 March 2012
Although you can seek modification but in my opinion even if you prove his earning to be Rs.5000/=00 per month,your maintenance award can not be above Rs.2000?=00,since 1/3rd often is counted as cost of earning which would be Rs.1700/=00 per month,then like you he also needs basics of Rs.2000?=00 then what is bad with order even his income is proved to be what you claim to be Rs.5000/=00 per month.?????????????????
Shonee Kapoor
(Expert) 05 March 2012
Is it interim maintenance or final award.
If it is interim, you would get a chance to lead complete evidence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
