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Need Judgement

(Querist) 15 July 2009 This query is : Resolved 
Dear Members,
One of my client has filed a revision petition against the interim order u/s 125 Cr.p.c. The Hon'ble Court pleased to pass the order of as interim maintenance for Rs. 2,000/-per month in favour of the petitioner whereas the respondent/ revisionist is earning Rs. 5544/- p.m. out of which he is paying Rs. 2,000/- as rent for residence accommodation. Now the Judge is not ready to decrease that amount. As per his version wife is entitiled for 1/3 share of the husband as maintenance. There is no kid of the parties. My client/ revisionist is from Surat & the wife is residing at Delhi. Moreover, wife is living in adultry & herself left the matrimonial home. We have written diary by the wife where she clearly mentioned that shhe wanted to take divorce from her husband so that she can do marry with her ex-boy friend. She is also patient of Shyziphrenia since before her marriage & she concealed that fact from husband. Now plz tell me what m to do so that the interim maintenance could be decreased or waived off. Can the court pass an order of interim maintenance out of Rs. 3544/- after deducting the rent amount of the total income. Plz. do suggest me. Is there any judgement in favour of husband. Plz. its urgent.Thanx in advance.
sanjeev murthy desai (Expert) 15 July 2009
Dear Rakhi Mdm

File a revision petition/appeal to High Court, against the above said order..

sanjeev desai
RAKHI BUDHIRAJA ADVOCATE (Querist) 15 July 2009
Dear Sir,
I've already filed revision petition with Session Court against the order of Metropolitan Magistrate. The judge is demanding any judgement in favour of husband.
PALNITKAR V.V. (Expert) 15 July 2009
pls see if 2007[4]AIR Bom 470 could help.
RAKHI BUDHIRAJA ADVOCATE (Querist) 16 July 2009
Thanx a lot Palnitker Sir.


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