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Fraud_victim (Manager)     28 October 2015

Lopsided interim maintainance order

Dear experts, 

Civil Judge, junior division, in his order for maintainance u/s 125, has ordered me to pay an interim maintainance of Rs.20000 pm to my wife. My last two years ITR (with annual income between 1.70 - 1.80 lacs) were given in the reply but those seemed to be totally ignored and old ITR (2013 & prior) were considered as my wife had submitted them .. these old ITRs had much higher income (salary).

a. She is much more qualified than me.

b. In her affidavit in another case (in HC) she has submitted that she used to work as a lecturar. I do not have any documentary proof of her present earnings/ work.

c. She is already getting an interim maintainance of 6000 pm u/s 24 in DV case (when my earning was much higher) Her applications in DV court, session court & HC to enhance this maintainance has been denied in past.

d. She left my house when i tried to move from my parents house to a rented accommodation few years back & this fact is recorded in local police station as her own admission. (PS: i can not take her back as she traps me & my family in false cases)

e. we do not have any child from this marriage.

need your guidance on (i.) what course of action should i take (ii) will this order effect my payout even if i appeal in higher court (eg if not 20000, asking me to pay much more than i am already paying).

look forward to your guidance

regards



Learning

 6 Replies

Dr J C Vashista (Advocate)     28 October 2015

1. Instead of civil judge (JD) the court passing order u/s 125 Cr.PC must be Magistrate first class, please clarify.

2. File an appeal before Sessions Judge, every aspect mentioned hereinabove (in this query) has to be emphasised the order can be set aside/modified.

3. Consult your lawyer for further guidance, advise and proceeding.

prabhakar advocate (advocate)     28 October 2015

You can file revision before Addl. Sessions judge for reduction of maintenance amount.  If you fail there also, you can file appeal in High Court.  If your facts are correct, you need not fear that amount won't be enhanced in revision / appeal.

kunal   29 October 2015

@Fraud_victim

There are numerous High Court maintainance Judgements where in women cannot claim twice for the maintainance and also Highly Qualified womens are not entilted to sit idle to claim maintainance.

Court has to see that by providing the maintainance  to your wife means court itself asking a higly qualified women to sit home and watch TV , chat on FB and watsapp and to think other ideas how to grab money from husband.She cannot waste her experience and educational knowledge sitting at home. 

 

In your case , Your lawyer is not doing the good job which was supposed to be done. Fire him and hire a new lawyer. 

1 Like

(Guest)

Change lawyer.  Better you fight your own case party in person.

Born Fighter (xxx)     30 October 2015

If the facts you have presented are correct then

  1. Your Lawyer has not presented your case well.
  2. ITR of current and past year cannot be ignored by the court. Are you in business or working ? The opposite lawyer could have presented proofs on how your income presented in latest 2yrs ITR is manipulated, otherwise such a judgement based on ITR prior to 2013 is questionable. pls elaborate and present these points also
  3. If your wife has worked as a lecturer then she is capable of earning and well qualified. Has your lawyer taken enough efforts to present applications to the court asking wife to disclose details of her employment - past and current ?? There are many judgements wherein maintenance is denied to qualified/capable to earn wife

Sir, whether the judgement is lopsided or correct will be analyzed/concluded only after we know what facts/evidences the opposite party has presented (if any ?) to the court to win a higher maintenance amount

 

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

When you know that she has made a statement before some other court that she was employed as a lecturer, why did you not attempt to produce those documentary evidence to repudiate he claim?, If she relied upon the ITR 2013, what made you not to argue upon that as well as the one presented by you?I think your lawyer has not done justice to you, better change him immediately and prefer a revision petition before the Sessions judge immediately and bring all those suppressed/ignored items to light during revision argument. 


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