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biswajit saha   14 November 2019

125 Crpc and interim maintenance

My wife send me notice through Court where she is demanding Rs.24000 per month, claiming my salary Rs.35000 ( which is true), I have two flats from where my income is Rs. 25000. I have only one flat in Home loan from there I have no income. I just lost my father 6 months back from that time my mother and grandmother is totally depends on me. My wife is a graduate with good computer knowladge, and presently working in private company, which is she surpress to the court and declear in her application she is unable to maintain her self, we have not any children. This is the first notice to me ,where court show cause me ,why I should not pay him Rs.24000. I am not ready yet to give her reply due to family mental condition is not stable yet. My first date to Court on 13/12/19

I have few questions,

1) Can court declear interim maintenance on first date when I present in front of court and ask for next date, with out hearing my side? because after my father's death, I am going through mental depression yet. my first date on 13/12/19.

2) I have libility of home loan, mother and grandmother, medical insurance ( my wife also part of that, although she is not staying with me from last 18months). They all are effected with old age problem, which expenses are increasing day by day. How I show my libility to Court?

3) I am working in private sector sales job , where job is very uncertain, is not Court understand my future ? how I could servive if there's is any incident happene?

4) I have few LIC, court deduct it from my income or it's treated as savings, there is main premium for Term Insurance which is not saving and it will be pay only after my death.

5) If wife denied about her job (I know the company name and the branch also) how get documents of her job, because RTI can't help me in this sector. what kind of evidence require for private sector.

please help me.


 10 Replies

satish patil   14 November 2019

first date u file vakaltnama only and give next date....than file u r reply....u show wife eco wellness....and request to court for maintenance of 2000 to 3000

R. K. Singh (Business)     14 November 2019

hello, I am giving reply from my limited experience

(1) on first date there should not be any order. your advocate may appear and seek time to file reply. however if you feel some negative possibilities then you can prepare your reply and file on that day.

(2) in your reply you can mention these facts in detail. maybe a separate para on each issue 

(3) not able to understand your query. however what I can say is that maintenance is fixed on the basis of current income. God forbid but if anything happens in future then application can be filed in court on the basis of change of circumstances

(4) I am not clear about life insurance premium. however generally life insurance premium is considered a deduction or atleast term insurance premium should qualify as deduction

(5) in your reply you can mention company name, branch name, address, designation of wife, approx. salary etc. and you can also consider filing of application under section 91 of CrPC calling for details may be from employer or for calling of wife bank account where salary must be getting credited

All the best

2 Like

Adv Deepak Joshi +917017821512 (Advocate)     15 November 2019

better approach advocate and file your version accordingly in have doubt may second opinion from another advocates

Kondapuram Venkatesh   17 November 2019

First You approach advocate He file vakaltnama afterthat He seek the next date to when your mentally free about your reply that day your prepare your version reply Through advocate tq

biswajit saha   26 November 2019

she surpress about her job can I use crpc 340 against her ? when I told to court about her job? I want to dismiss the case before it start, is it possible through crpc 340?

biswajit saha   26 November 2019

should I proceed to court with crpc 340 before interim order?

R. K. Singh (Business)     27 November 2019

as mentioned earlier in your reply you should mention all facts including the issue that she is doing job and earning money.. mention name of company, her designation, salary being earned, perks etc. .... in my opinion on this issue 340CrPC can be filed only after you have concerete evidence like salary certificate or ITR etc. or if you have order of court giving a finidng she is in job

1 Like

biswajit saha   28 November 2019

Can I submit 'Non maintainbility petition' on 13/12/19, when my lawyer take 'Time petitio' from court?

biswajit saha   28 November 2019

how get order from court to prove that she is doing job? Primery I can collect, Company name, branch address, her designation, her pan no, which floor she is sitting, may be few snap,where showing she is working.......then can court can give any enquiry order?

Mohammad Amaan   28 December 2022

Hello Dear,

I have gone through the facts as stated by you in your query, considering the same I think first of all you need a good lawyer who can effectively represent you and you case before the Court.

The Family Court has committed grave factual and legal mistakes while passing such an order without considering the factual aspect of the case and material available on record in the right manner.
In my opinion, you should file an appeal under section 19 of the Family Courts Act, 1984 against the order of the Family Court before the concerned High Court within 30 days from the date of passing the order. If it is an interim/interlocutory order then file a Criminal Miscellaneous Petition under section 482 of Cr.P.C. against the order before the concerned High Court at the earliest while taking all important facts and material (Bank Statement/payment of rent, bill etc.) as grounds in the Appeal or Misc. Petition.

I hope, it will help you get justice.

- M. Amaan, Practicing Advocate
Rajasthan High Court at Jodhpur.
Contact No. +91-9024396647

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