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Ganesh01 (govt servant)     09 October 2015

Crpc 125 kids maintenance

wife has filed 13 i (A) cruelity case; i gave consent. Court ordered divorce without any maintenance for her as she is working in PSU bank with a salary of Rs. 50,000/month.

She put crpc 125 for kids maintenance each Rs. 10,000/month ( sons aged 5 & 9yrs with her in karnataka) she is not even allowing to talk to them. Lots of E-mail request as proofs.. I'm at hyderabad. My salary now  Rs. 88,000. She is getting all education and health reembursement from her psu bank.

Now court ordered to pay Rs. 8000 per month per kid from sept 2013 wih arrears. Kids are in the village and expense will not be more than Rs. 4000/month/kid.  She is planning to earn on kids name... ... should I appeal in the high court. ... Kindly advise how to go about this case.Thanks in advance.



 



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 10 Replies

KS Johal   09 October 2015

If you are thinking of getting the 8000/-rupees reduced further then you should appeal. if you want to see your children quickly then the appeal can wait. This means that you will need to apply to the court at a later date so that you are able to get the 8000/- rupees reduced. If you try to appeal now the court may not reduce it any further. Try to see your children as this will bring you closer to your family.

prabhakar advocate (advocate)     09 October 2015

Wife is earning Rs.50,000/-.  Husband is earning Rs.88000/-.  Children are allowed only Rs.4000/- each, whose parental earnings is 138000/-.  It is so less.  The children are entitled to more.  If you appeal and wife gets hold of a good advocate, he can pursue the appellate court to increase the maintenance atleast Rs.10000/- per kid.  In the matter of her refusal for your visits to your children, you will certainly get visitation rights, if you file proper application before competent court.

SAINATH DEVALLA (LEGAL CONSULTANT)     09 October 2015

After all U are paying for the well being of UR children and not to the estranged wife.The children if the parents are separated are entitled to live in the same standard of living as they were when the parents were together,it cannot be deprived.hence better don't waste time and money in the higher courts which may not yield a favarouble result to U.

Ganesh01 (govt servant)     09 October 2015

Thanks for quick reply from Mr KS Johal, Mr. prabhakar and Mr. SAINATH. All suggest the same that Kids maintenance amount may increase if I appeal. Mr. Ks Johal said "you will need to apply to the court at a later date so that you are able to get the 8000/- rupees reduced." means at later date also can I appeal in the higher court..is there any time limit to appeal.... should I start paying in the court through lawyer.. Pl. advise.. Thanks in advance..

Dr J C Vashista (Advocate)     11 October 2015

Why children are debarred from the income/status/standard of their parents? Of course the Court shall consider the fact that maintenance of children has to be much more than 10,000/- per month/per child which they (Children) are entitled to enjoy same status as that of their parents.

Advocate Ravinder (Advocate/Attorney)     12 October 2015

I completely agree with Prabhakar, Sainath and Vashista Sir. Instead of going appeal for decreasing maintenance amount, you file petition for visitation rights. You can give payment through cheque, Demand draft/Pay order or you can directly pay into the court. But do not give cash. If you want to give cash, take receipt.

SAINATH DEVALLA (LEGAL CONSULTANT)     12 October 2015

An account can be opened in the name of the child and the amount can directly be transfered every month on a specific date.

Ganesh01 (govt servant)     18 October 2015

 sir, As suggested by the experts and on moral grounds,  I'm ready to pay money to my kids. Ex-wife have changed the location and not answering the phone call. Now I understand that I have to wait for her to apply for EP case (execution application) to implement the order and pbly it will come through court. If I don't respond, then court may take me into custody later remand to prison. .. so presently I have to wait for EP case... or is there any other way.... Am I correct in my understanding.  Advise please. Thanks.

Dr J C Vashista (Advocate)     18 October 2015

I agree with you, wait and watch for EP. There is no provision for sending you to jail in EP till paying "something".

Meanwhile, file petition for permanent custody of children and see the reaction/result.

Ganesh01 (govt servant)     19 October 2015

Sir thanks for your valuable adviseyes


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