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Kishore Malhotra (Govt Job)     05 February 2019

Maintenance under 125

Sir One of my friend has been ordered to pay final maintenance to his wife @Rs. 4000/-pm on 31 jan 19. The case was registered in Apr 17 and an interim maintenance was granted @Rs. 2500/-pm which he is paying regularly. The respondent is a daily wages labour working on a shop. My question is from which date the finally awaeded maint is to be paid? Secondly, where should we appeal further to reduce the maint? The wife is childless housewife and more than 7 yrs have passed to marriage. Thanking u in anticipation of early advise.


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 3 Replies

Suhail suhail (LAWYER)     05 February 2019

The Revision can be filed against the Order with 90 days ,however the revisional court would abstain to interfare in the order passed in the application U/S 125 Cr.P C, if the evidance is properly adduced and appriciated. There much less chances that the maintenance gets decreased.

The maintenance shall be paid as orderd in the judgment,otherwise the date of payment starts from the date of application praying for the same,

Vijay Raj Mahajan (Advocate)     05 February 2019

The order of the Family Court mentions the date of order for maintenance is being allowed, it can be from date of application or date of order. Even if it's date of application, the amount already given from that date will be reduced and balance has to be given and amount of Rs4000/- from date of order. Appeal against the order of the Family Court lies in the High Court of the State.

Kishore Malhotra (Govt Job)     06 February 2019

Sir, Today I have recd the order copy wherein it is held that due to non production of any witnesss in support of denying the allegation of the applicant by respondent, it is presumed that the allegation proved true. But my submission is that the advocate of the respondent never asked for any witness, and the respondent was not aware of that.. However he has pleaded each and everything in his counter affidavit. Now it is clear that appeal isto be admitted in Hon'ble high court.. My question is whether witness can be produced before high court? and within how many days appeal canbe filed.

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