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Gaurav (Engineer)     21 April 2014

High court appeal - 125

 I have 7-8 audio recordings in which my wife is using abusing and filthy language for my mother and my self. She is also saying that throw your mother outside the house otherwise I am going to my parental home with my own will and will say the same in the court that I left matrmonial home on my own. 

She is also given contradictory statements in different forums like women cell, FIR and before magistrate. She produce an affidavit in the court in which she said that she is staying in her parental home due to the cruel and un-human behaviour of my husband but in the statements before the CJM she said that there were no minor/major injuries cused to her due to the beatings of the husband for which she had to go to the hospital.

Can I approach to high court on my wife's contradictory statements and the evidence I have against her to deny the maintenence to her as as per sction 125 [4] no maintenence to wife if without any sufficient reasons she is staying away from her matrimonial home.

Kindly advise.


 6 Replies

great india (manager)     21 April 2014

Has lower court order given. Why you wanna aproch high court pending judgement of lower court. Wats the judgement. How much is amount decided. Don't hurry....first let orders come You have a revision option else appeal in higher court later

fight (personal)     22 April 2014

Reach out to save Indian family helpline 08882498498 for free legal help from people who have already faced it in court.

fight (personal)     22 April 2014

Reach out to save Indian family helpline 08882498498 for free legal help from people who have already faced it in court.

Gaurav (Engineer)     22 April 2014

Thanks Sir,

Lower court is not given it's judgement yet.

If LC grants excessive maintenence amount from data of application and I will not be able to pay then can I approach high court to stay on the order or I will have to pay the arrear amount first before approaching to the high court. 

My take home salary is 41,000/- after deductions and I assume that LC court will grant 25,000/- to 30,000/- maintenence to my wife and minor son.

Kindly advise.

great india (manager)     01 May 2014

No......don't assume.... Relax...... Till case progrrsses.....open a rd account n deposit some.in tht till pending litigation. So that you wont be burdened enough. If arrers high......you can plead for time .... Some.courts grant 50% payment to accept appeals..... If you scared better keep money aside now onwards......better late then never. The amount assumed by you is high you can show expenditure etc , etc Old posts from this forum.will enlighten you..... Follow them Gud luk

Gaurav (Engineer)     01 May 2014

I am staying at rented accomodation and paying 12,000/- monthly rent. I don't have any properties on my name. My mother has retired from the govt service and she is also staying with me.

My monthly expenditure is around 25,000/- to 30,000/- including rent, electricity biils , water bills , internet expenses, conveyance expenses and household expenses.

Will LC Grants 25,000 to 30,000 maintenence to her and minor son despite of having my monthly expenditure ?

Kindly Advise !!!

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