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new 498 victim (code developer)     16 August 2013

Help on maintenance: granted more than wanted

Dear respected Lawyars,

Please help me. In a pendente lite section 36 case lodged by my wife the family court has ordered Rs. 6000/- per month and Rs. 15000/- as litigation cost. My wife has wanted in her petition Rs. 12000/- per month and Rs.10000/- litigation cost. My salary is Rs. 30000/- in hand and 35000/-gross. I have the liability of my parents who are more than 70 yeas of age.

Can the judge grant litigation cost more than what the petitioner wanted? What should I do now?

With deep regards

JS



Learning

 2 Replies

Tajobsindia (Senior Partner )     17 August 2013

1.    Defendant’s all such ‘liabilities and statutory deductions’ need to have been stated honestly while replying to her pendentelite Application claims. Based on such and such liabilities and gross salary statement from a defendant against reasonable wants of an applicant wife, Court announces pendentelite maintenance under Civil Family Laws. If defendant has not done such declaration and stating here under a brief then bad luck.  

2.    She asked 12 K as pendentelite maintenance against which she was awarded 6 K. Do you think was that reasonable for her if natural justice principal has to be appealed as made out in your query!

3.    Coming to your main aggrievement, ‘litigation Cost’; under Civil Family Laws litigation cost are ‘discretionary powers’ of ld. Judges.

Summing up; she asked more as interim maintenace whereas she got less by way of interim award, she asked less as litigation cost (which is one time) whereas she got more. Balance of connivance says donot approach to Appeal it, as it is one time cost and see drastic reduction in her interim award based on materials before the ld. Court, rest your advocate should guide you on your aggrievement.

2BHelpfull (Other)     17 August 2013

Is ur wife working ????.

 

and maintenance is decided discretionary by the Court on the plea of the party,

 


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