cpc

divorce


Judgment has been passed against myself where in i have to give Rs 10K per month towards maintaince of my daugther aged 4 yrs in mumbai.

Would like to know as my wife is drawing salary of Rs 32K per month which is acknowledged by the court.

How could i get relief from paying Rs 10 K per month

Which court i should apply

 
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go to higher authority, like CJM or HC

 
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Advocate

Sir, you have not mentioned about your salary. And also, it is your duty to maintain your daughter and I suppose taking into consideration all the matters, Court has decided the amount of maintenance. Even if your wife is earning, you cannot escape from the duty to maintain your daughter.

 
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earning wife is also having duty to share to maintain the daughter. is it calculated?

the formula according to hma s.25 is

respondent's own income and

other property, if any,

the income and other property of the applicant,

the conduct of the parties and

other circumstances of the case, it may seem to the court to be just,

and any such payment may be secured,

if necessary, by a charge on the immovable property of the respondent.

 
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Family Counsellor

Amit,

You have to pay the maintenance of your daughter, but you can ask for the revision of the amount if you feel that this is very high. But the chances of the same is very less.

 
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If the maintenance is awarded under Sectin 125 cr.p.c., you can file revision before sessions court.  If circumstances change after some time, you can move application for review of the amount in the same court.

If it is passed by family court or ADJ or equivalent rank under Hindu Marriage Act, the remedy lies in High Court.  If circumstances change after some time, you can move application for review of the amount in the same court.

 
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I have a question....what if the husband looses his job or resigns because of upset mind (after all these 498a, Dowry and other allegation...and because of mental pressure)....What kind of maintanace the court would suggest then....Would he still have to pay maintanace

Other thing is if the husband is working in a Limited company (Private sector)...then would the court (family court under 125) would ask wife to prove her income or would ask husband to come up with income and expenditure proof?

 
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Advocate

Pc Sir, please cinfined to relevant issues in spite of hypothetical quesstion.

 
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N.K.Assumi Sir,

This is a real issue as I am really depressed and mentally upset that I am not at all able to concentrate in my Job...and feel the insecurity of loosing job ... sometime fears that I would myself resign if not thrown out.....and hence asking this question. Even if it would have been hypothetical....then also it is a genuine question and a lot of depressed people like me would like to know the answer.

 
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If he lost job or resigned from the service, he can move the application before the court informng the changed circumstances and variation in payment of maintenance amount.  The court exercises its discretionary power on the basis of the facts proved before it.

The wife as far as possible bring the facts and availabe documentary proof of the income of husband and similarly, husband will do the same thing.  On the basis of the proven facts, the court comes to just decision about quantum of maintenance.

 
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