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(Guest)

Is this justice?

Hi Experts,

In interim maintenance case (HMA 24). family court judge rejected my wife's application based on that she is qualified & earning 25000 pm which i have prooved in the court. But we have 7 months old son for which judge ordered rs 10000 maintenance per month. I m ready to pay a reasonable amount for my son but i think 10000 is very high amount for 7 month old child, Judge also not considered my wife's contribution towards child maintenence. I ve net salary of 55000 pm from that home loan emi deducting is 39000 pm. my parents are dependent on me. Considering all this , is 10000pm for 7 month baby justified?

My querier are

1. is this a reasonable amount?

2. or shall i move to high court?

3. if yes , will high court modify the order to a reasonable amount?

Pls reply

Thanks

 



Learning

 16 Replies

Alwin (PM)     07 August 2013

considering your earnings, this amout is reasonable. Better not go for appeal. 


(Guest)
experts waiting for your reply

shriks........... (healyhcare)     07 August 2013

1. its too much for hma interim.....
2. whats the case you never mentioned.......
3.in what you slapeed with 10k...???????
 

1 Like

shriks........... (healyhcare)     07 August 2013

1. its too much for hma interim.....
2. whats the case you never mentioned.......
3.in what you slapeed with 10k...???????
 

Vignesh Venkat (Part)     07 August 2013

You should file an appeal and put forth your case that your wife is also an earning member and that she also needs to contribute towards the welfare of the child. Also do point out that EMI towards loan take up 75% of your earnings and also the fact that your parents are dependent on you. I'm sure you'd get a decent order modifiying the sum in the High Court when the afore facts are pointed out.

1 Like

(Guest)
Thanks for your reply, Even i think 10000 pm for child of 7 months is too much. Wife filed for divorce uc 13 1 ia & interim maintenance for her & son u/s HMA 24.

(Guest)

@Vignesh Venkat,

my wife's maintenance claim is rejected by family court. If i go for revision for my childs exorbitant maintenance i high court, is there any possibilility that in my counter my wife will claim maintenance for herself & high court will modify order in her favour. She is earning 25000 per month proved by me & accepted by her in family court.

Pls reply

Vignesh Venkat (Part)     07 August 2013

It is not the quesion of it being too much. Nothing would be too much morally & in the eyes of the Court when it come to Minor Children as their interest is paramount.. Be it 7 months or any other age for that matter.

The question of Maintenance is to be decided on the basis of the earning capacity of the spouces. S.24 of the HMA act is for interim maintenance till disposal of the suit. The lower court ought to have stopped with the finding of either allowing / dismissing your wife's application. The question of custody, maintenance & other interim orders pertaining to a child needs be gone under an application under section 26 of the act and not under 24. In that application, the issue of earning capacity of both the parents, etc would be gone into and an order passed. You can raise this among one of your grounds of Appeal. (However since it is an issue of mainteance of a child, the high court will not be too appreciative of technical pleas, But however your chances of getting a modified order would definitely exist).

1 Like

Vignesh Venkat (Part)     07 August 2013

Since it has been proved that your wife is a working person earning 25,000 pm, the chances of any inteference by the High Court in that is pretty slim. Moreso, when you are raising the fact of you paying hefy monthly emi's and also the fact of dependency on you by your parents.


(Guest)
@Need Justice my wife's maintenance claim is rejected by family court. If i go for revision for my childs exorbitant maintenance i high court, is there any possibility that in my counter my wife will claim maintenance for herself & high court will modify order in her favour. She is earning 25000 per month proved by me & accepted by her in family court. Pls reply

Vignesh Venkat (Part)     07 August 2013

I partly differ with Need Justice. What happens in the case of a person earning just 8,000 - 12,000 Rs per month? These are circumstances when the earning power of the spouse is taken into consideration by courts and not just PPP. 

 

Ofcourse a person earning US$ 100k need not pay an exorbitant sum as maintenance simply based on his earning capacity. What he / she earns is their prerogative. The tenor of currency is not relevant to a wife living in india. The sum to be adjudged as Maintenance is based on the PPP of the place in which the petitioner is domiciled in and also after taking into consideration the relevant expenditure of the respodent before it is fixed. My reference to earning capacity of a spouce was based on the 1st para supra.

Vignesh Venkat (Part)     07 August 2013

@Hats off: Do note that since the child is with the mother and being taking care of by her; The maintenance of Rs.10,000 asked to be paid by you is your contribution to the support system of the child. There are no hard and fast rules in the matter of Family Courts and it is the discretion of the Judges either to intefere or not in the quantum so passed. You can make an attempt in filing a revision, but as 'Need justice' pointed, scrutinizing the papers would be more beneficial.

 

Also do note that your wife cannot file a counter in "your" revision asking for Maintenance for herself as your revision petition would only be challengin the award of maintenance towards the child. If at all your wife seeks maintenance, she needs to file a seperate appeal against the order of the Family Court.


(Guest)

Thanks all for your valuable inputs.

Within what time frame i should appeal in high court?

Vignesh Venkat (Part)     08 August 2013

Within 90 days from date of order.

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