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suman (x)     09 November 2014

Maintenance under 125 crpc

My wife filed maintenance u/s 125 Crpc and asking for Rs. 15000/- p.m maintenance. my salary is 41000/- but after deduction such as IT,Loan,Fooding Recovery I am getting 27000-28000 p.m In this case what amount may be the maintence amount ? PLS note that I will be submitting my parents medical billsof rs 7000 pm/case related exp 5000 pm/my patents establishment exp 10000pm/as I stay out side of State I require to meet my own establishment exp(my parents has no income) Secondly kindly tell me If I tell the court that my wife left me & I still ready to get her back. Will it be any help me to avoid maintenance ?


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 10 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 November 2014

Dear, Yes these all will help you and I think court at max will allow 10,000, tell court that I am ready to have her back, but she is not coming. Adv kapil chandna, 9899011450
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 November 2014

If wife is well educated and having earning capacity or already earning from her own capacity, then no maintenance can by awarded by courts. But courts see all observations and decide the maintenance.

1 Like

Dr J C Vashista (Advocate)     09 November 2014

The amount of payment to be made to applicant wife is discretion of the Court, which is on the basis of information submitted by both of you. Nothing wrong in allowing Rs. 15,000/- out of 41,000/-.

However, if you feel aggrieved by the order passed you may file a revision petition through your lawyer.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 November 2014

Dear Querist

 

if you want to live with her then file a RCR petition before family court and same should be mentioned in your reply on the petition filed by your wife u/s 125 of Cr.P.C.

 

as per your salary, the court may pass an order for maintenance of an amount of Rs. 10K-15K..

suman (x)     11 November 2014

But sir will RCR not be questioned that why I have not file filed earlier ? Secondly where should I file the same ? in WB or in Delhi where we stayed together ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 November 2014

First job is -

 

Submit a strong WS and show that you are jobless and have no income.

suman (x)     11 November 2014

Already o/p asked my employer about my salary structure

Pls note that my wife is a graduate & she was in a school before marriage. She used to receive her salary by cheque & i know the account no & branch address

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 November 2014

If you are employed privately then change the job and go to another city.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 November 2014

If you wish to fight then file petition of CrPC 91 to submit evidence reason why she is unable to maintain herself. Sample petition is given bellow.

 


Attached File : 311972975 91crpc-for-125crpc sample.doc downloaded: 157 times
1 Like

T. Kalaiselvan, Advocate (Advocate)     13 November 2014

If your wife was employed earlier and she is capable of being employed and sustain her maintenance, she may not be awarded with maintenance amount, however it is again the discretion of court.  There are no parameters to decide about the quantum of maintenance amount to her.  You can challenge her case properly by expressing the factual situation before the court.  RCR is a waste exercise.

2 Like

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