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raja   20 June 2019

Appeal aginst maintenance granted in dv and crpc 125

I am fighting DV, CRPC 125 and divorce since 2015. recently i got judgement on DV and CRPC 125. AS my income proof my ITR from 2015 to 2018 are on record. gross total income 2014-15=17, 2015-16=14 lac, 2016-17=10 lac, 2017-18= 10 lac. and my account statment which are correct as par my monthly income, nothing big in my bank account statment. Both judgement are delivered by same MM. MM said my average monthly income from documents on record comes out 1,30000 and ordered following: in DV she ordered 15000 pm for rented house, 35000 pm for wife n daughter from date of complaint and as my son got major this year no maintenance to him but 35000pm during pendency of case from date of complaint. at same time she ordered 40000 to each petitoner in CRPC 125. I am totally devasted from this judgemnt. from day first of complaint i am paying 35000 to my wife as maintenace. amount ordered is far impossible to me pay. I have filed appeal in DV and revivision in CRPC 125. both are yet to be heard. My wife has filed crpc 128 for execution yet to be heard in july.

1) My question is will i get stay on theses orders, what is possibility.

2) how MM arrived on my monthly income while everything was on record. she simplly took average of 17 and 14 lac and without tax deduction she assumed my salary 130000. while after tax deduction it come only 90,000.

3) What maximum MM can give to my wife n kids. in crpc 125 MM gave more than 90% of my assumed income  and in DV she gave 66% of assumed income.

4) i am totally devasted wat is going to happen, i will completely destroy.


 2 Replies

Sameer12345 (SSE)     28 June 2019

Why are you paying without execution petition? 

Sameer12345 (SSE)     28 June 2019

I heard, pay 30%, you will get stay order in your favour...

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