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Abhiram M (Engineer)     09 November 2013

Appeal on maitainance

Hi Sir,

This Abhiram from Bangalore.DVC case is on going between me and baby boy of 2 years is there with  her only.

I am getting 143000/- gross and 115000 net salary.She produced that salary receipt to court.

I have personal loans and house loans for 96000/-.I produced bank statement which shows all those deductions.

After 6 months court has given an interim maitainance of 25000/- to her per month.

I am planning to go to high court on that to request for the reduction in the interim maitainance.

Will I get relief towards reduction in interim maitainance amount?

Internal maitainance is ordered from the date of petition.I am planning to request high court to make it consider from the date of order .Will it considered by high court?

In deciding the interim maitainance will court considers personal loans and house loans EMI amounts?

I am thinking to get stay order to stop the progress of DVC case,Is it right step?


Please advise me to proceed in better direction in this DVC case.


 13 Replies

Aazad Sufferer (Advocacy-Family and women oriented laws)     10 November 2013

Dear querist,


all things has been allready  decided by you then what's wrong , just proceed further.


There should be no second thought in filling revision petition in session court .


First try that....





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T. Kalaiselvan, Advocate (Advocate)     10 November 2013

A revision against the interim orders is maintainable especially in the event  of you producing the evidence of deductions towards housing loan and other personal loans.  About stay order in DV case, on what grounds are you going to file a petition for staying the proceedings, instead you can contest and get the relief immediately if you can prove that she has filed a false complaint against you.

Abhiram M (Engineer)     13 November 2013

Hi Kalaiselvan,

Thanks for ur responce.

I submitted my bank statement which shows different loan deductions in lower court.

Out of 96K EMI,For 60K EMI amount I took loans when DVC case is started and their lawyer argument is these loans are taken to get relief of interim maitainance.

But Judge didn't consider.So I proceed to High court.

Should I submit any other proofs to get relief?

Please suggest the route to proceed.




sandykrish (Interested in Family LAW)     13 November 2013

Hi Abhi, go ahead with the appeal and ensure to list the facts one by one and ensure that the appeal has the complete info on the your net take home (Gross- Deductions). Now you know that your wife's lawyer will definitely say that you have taken the loan to reduce the mainitenance please try to give valid reason for the additional loan you have taken this will help Judge to ascertain facts based on the situation. You Lawyer has to be like Mercury and plead Judge on the material facts, if so done I am sure the amount would be reduced to half anywhere b/w 9-14 K.

If you know that your wife was working plus if she has Masters degree or well qualified add these to the list as there are many judgements where the Judges across the country have denied maintenance for able bodied wife.


Good Luck keep posted on the developments

T. Kalaiselvan, Advocate (Advocate)     13 November 2013

As I told you earlier, make yourself comfortable your salary income disbursal details properly, ak your lawyer to properly counter her lawyer's fictitious presentations and misguiding the court with exaggerated figures of your salary without giving weight to the liabalities you are committed t meet  out of your salaried income, go ahead, good luck

AjayKumarSharma (Anon)     13 November 2013


Sorry for putting my question over here but my intention is not to interrupt but shed more light on such cases where there is a risk of maintenance to be awarded is high since the husband's income is good and wife, though capable, has incapacitated herself to get an interim / full mntc award in her favour.

I'm going through a situation where the case is CrPC 125 mntc and my wife - though capable and well educated (more educated than me) - is not working to get a mntc award. Now should I disclose my income to the court in response to her notice or should I just mention the net savings in hand after all the deductions (emi's +  living expenses) and wait for court to seek the actual income and expenditure details if it so requires?

AjayKumarSharma (Anon)     14 November 2013


AjayKumarSharma (Anon)     18 November 2013

Kindly help and comment!

Abhiram M (Engineer)     19 November 2013

Hi Selva sir,

In the DVC petition then mentioned that they gave 13 lakhs cash and 80 tulas of gold 2KG siver at the time of marriage to me.

In fact they gave 2 lakhs cash to us and for that money we put ornaments and sarees to her at the time of marriage,.

What type of evidenses they have to show court as proof for 13Lakhs cash,80 tulas gold ...

If one person who is favour to them say yes they have given will court believe that ?

At the time of marriage her mother sold 300 sq.yards site to 2 different persons for their marriage expenses.

150sq.yards to her mother's brothere and 150sq.yards to her mother's sister.

If they claim by selling that land we gave 13Lakhs money,will court accept that as evidence?

What type of evidence I have to submit as proof to court such that I didn't get 13Lakhs money and 80 tulas gold?




vishak (manager)     19 November 2013



registered value of those land sale would be far less and there would not be back up for 13 lac.

Abhiram M (Engineer)     19 November 2013

Hi Vishak,

Ur point is correct.That to her mother did gift registration to her mother' sister and borther.

Her father don't do any thing.

If they say just like "we sold our property to my sister and brother.Like that we got money.We have gold from long time.we gave that one"

Will court believe that as evidence?

AjayKumarSharma (Anon)     20 November 2013

Abhiram, Every money needs to have a paper trail. If they sold a plot then they need to prove that they received in cash and it was a proper sale and not gifting. Which shows that their intention could have been tax evasion. You can file TEP against them. Also if they are openly accepting giving you cash, gold and silver as dowry then you can file cases on your fil and his family under DPA section 3 i.e. openly accepting to give dowry.

I don't think that having a personal loan taken right after DV started and with an EMI of 60 Lakh > 50% of your in hand will cut ice with any judge that you took the personal loan for anything other than to avoid a very high mntc award unless you could come up with a very convincing reason for the personal loan - like any immidiate operation or life impacting situation. Do you have one?

Aakanksha (HR)     22 November 2013

Hi, My husband filed RCR, infact i want him but he is saying he will get married to someone else..wat to do?

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