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Myneni Mohan   06 June 2018

maintenance

local court has awarded a maintenance amount of Rs,20000/-to be paid by my son to his wife. since my son does not have that much income to pay the maintenance amount kindly advise how to negotiate for a lessor amount.


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 4 Replies

Rahul   06 June 2018

1.If court has already awarded it then you must pay it. If not paid without legal reasonable cause this will attract criminal charges and also jail time.

However if the Court Award is Prejudicial or not Fair.

It can be Contested/Appealed in the same Court or high Court.But must State proper grounds for reducing the maintanence.By producing reduction in Income Certificate in appeal to reduce maintenence or any other justifyable reason i.e.,If widow wife is self earning etc.

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2 Like

TGK REDDI   06 June 2018

This must be civil matter.    

You can file a Review Petition which generally is of no use.       You can go in for an Appeal.


(Guest)
Originally posted by : Myneni Mohan
local court has awarded a maintenance amount of Rs,20000/-to be paid by my son to his wife. since my son does not have that much income to pay the maintenance amount kindly advise how to negotiate for a lessor amount.

If it is interim maintenance you cannot get it changed unless old balance is cleared and you file change in circumstances petition in family court. after lapse of 1 year.  But mind it old balance should be cleared off.  Each year wife should file new petition asking maintenance, by end of each year your son should file new change in circumstances petitoin asking judge to change the previous order.

Kumar Doab (FIN)     08 June 2018

The perspectives have been shared with you, above, in the beginning.

The court must have passed the order after examining the proof of income, evidences placed before IT.

If your son did not have that much income and had liabilities then court would not have awarded this much amount.

Similar queries have been discussed in many threads and you can search in SEARCH option in threads and articles, files etc  e.g;

Article under my profile..

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

‘the Family Court awarding amount more than 2/3rd proved income is deprecated.’

‘the primary onus is upon the wife to show the income of the husband, but onus is also equally placed on the husband to produce reasonable evidence, which is in his possession to bring before the Court the true and correct income of his earning’

IT shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt..

If your son cannot pay then HE has to ACT.


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