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Jaslok Gandhi (g)     04 June 2011

CRPC 125 Maintenance

My wife has filed a suit under CRPC 125 asking for a maitenance of Rs.12000/- p.m. She claims that my income is Rs.30000/-per month (without any proof).The case has just begun, however the family court has not ordered any amount yet.

I am SELF EMPLOYED and my income in the year 2009-2010 is only Rs.10000/-p.m.

My question is If my income in the year 2010-2011 decreases to Rs. 3000/- to 4000/-p.m. (since I find it difficult to cope up with my job after problems in my matrimonial life) even then will I have to pay Rs.12000/-p.m. ?

In addition I am also a student doing further studies.

 Please guide.

 



Learning

 7 Replies

SANJEEV KUMAR (STUDENT)     04 June 2011

Jaslok

You need to attend the court on the day of hearing since the court has not decided the amount. So before passing any order you are required to file written answer to the submissions made by the wife. On the day of hearing attend the court with relevent  documents and say to judge whatever are your submissions. The court will decide the amout of maintenance only after having your submissions.

sanjeev

Advocate M.Bhadra   04 June 2011

Since the marriage is concerned and admitted by you have to pay maintenance allowance, but you may file objection stating your income proof.

SANJEEV KUMAR (STUDENT)     04 June 2011

jaslok

it does not matter what amount has been demanded by the wife. The maintenance is awarded having regard to income, resposibilities of wife/husband and so on .........

sanjeev

1 Like

Jaslok Gandhi (g)     04 June 2011

ok.

But can the court ask to pay 12000/- even if income falls to 3000/-4000/- p.m.

syed (Branch incharge)     04 June 2011

Gandhi ji

This is not about only maintenance

1) If she has left you willfully then you can fight in the court for no maintenance

2) If you left her willfully then she has rights to demand maintenance

3) If you divorced then too she has rights to cliam maintenance ( till she get married)

4) if she working or worked earlier and graduate then you can fight to reduce th maintenance or for working women court might give thums-up by saying no maintenance

5) if she is getting otherincome like ( property/ rent/ business) then again court might give thums-up by saying no maintenance

As sanjeev said here,

it does not matter what amount has been demanded by the wife. The maintenance is awarded having regard to income, resposibilities of both wife/husband and so on

So apply your submission in court - all the best

Praveen Kumar (Not working)     04 June 2011

you should submit in court your real income with income proof for example ITR, bank statement.. the court may also ask for ur property details

if u decrease ur income the court may not believe you, try to find whats ur wife's educational qualification. if she is qualified and she is capable to earn then you may not have to pay any maintenance

Jaslok Gandhi (g)     05 June 2011

thanx a lot 4 ur replies.

Is there any format to file my submissions ? Can it be on a plain paper ?

Actually she has filed case in Ahmedabad Family Court.Is it necessary to write the reply in local language?

pl pl provide me a format.


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