Doomed_Man (Respondent) 06 August 2015

Family court awarded wife 35000 pm

Last week family court awarded wife interim maintenance 35000 (20000 for wife + 15000 for son) in 125 case. Also have to pay arears from date of application (april 2014). I was paying her 10000 per month since last year. My salary is 1 lac. Wife is well educated and was working before marriage (prior to 2008) and has 4+ years of experience. She left my house on her own will.

I am ready to pay for kid, but not her.

How can i get this reduced ?

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16 Replies

Mikey 06 August 2015

How much did she demand in her petition ?

Adv. Pandit (Practicing Advocate) 06 August 2015

You can file an appeal in Session's court praying for revision or even review of the maintainence orders granted to the wife.

Challenge the basis of maintenance grant for a working wife. If you can bring on records proof that she was working but choses not to only to live off you, there are caselaws in your favour. Best of luck.

Doomed_Man (Respondent) 06 August 2015

In her petition she asked for 70000. She was working 6 years ago and has also filed an affidavit saying she was working 6 years ago but not now. She filed this because in her application somewhere she had written "I am working and cant come to court everytime". But judge ignored everything.

Adv. Pandit (Practicing Advocate) 06 August 2015

If the statement's you've mentioned are part of the record at Trial, you can certainly use them in appeal to get the order reviewed, or even partly modified and get her maintainance award rescinded. Please consult your Advocate.

Doomed_Man (Respondent) 06 August 2015

Yes surely...The judge just went for the defacto 1/3 rule.

ANIRBAN CHAKRABARTI (Principal Architect) 06 August 2015

If your wife is a masters degree holder, I have at least 5 citations in Bombay family court, where wife's alimony is denied. All are based on Mamta Jaishwal vs Rajesh Jaishwal famous case for Mamta's interim denial by Madhya Pradesh HC Indore bench. Let me know.

Need Help 06 August 2015

Mr Anirban, Please send us details of all 5 cases of Bombay HC, i have a case where these citations will be extremely useful, thanks in advance

Doomed_Man (Respondent) 06 August 2015

Yes please Anirban. I will PM you my email ID. Many thanks

ANIRBAN CHAKRABARTI (Principal Architect) 06 August 2015

I am attaching a judgement from Delhi Tis Hazari where the man has lost job, woman is not highly qualified but a beautician, see para 6 of the order, attaching here only so that others see the judgement. Issued 3 days back, this judge Mona Karketta is deadly for women.

Attached File : 304816 20150806171351 285097129 detail dc wife maintenance denied no explanation why she is idle.pdf downloaded: 156 times

Adv. Pandit (Practicing Advocate) 06 August 2015

I look forward to the useful citations you've mentioned Anirban. Thank you for sharing.

ANIRBAN CHAKRABARTI (Principal Architect) 06 August 2015

Some more citations

Attached File : 304816 20150806173017 285097129 highly qualified wife maintenace denied principal judge.pdf, 304816 20150806173040 285097129 maintenance denial no proof of job.pdf downloaded: 115 times

SAINATH DEVALLA (LEGAL CONSULTANT) 06 August 2015

SC has clearly stated that a qualified wife cannot sit idle and claim maintenance from husband.U could have proved it in the court.But for the son U are bound to pay.

Born Fighter (xxx) 06 August 2015

The responsibility to maintain child is a responsibility to be born jointly by husband and wife, where the wife is working. Its not ONLY the husband as per law.

(Guest)

Beta.

ek kaam karo, jail chale jao, 1 month. old balance maafi ho jaayega. instread of going sessions etc you go jail. Lot money save. in one month you are out of zail.