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Mayur   09 July 2025

Maintenance case disposal

Hi all, 

My MC case was disposed few days back, but still order details has to be uploaded in the portal.  I am (husband) the respondent. 

Case Status: Case Disposed

Nature of disposal: Contested - Allowed

Petitioner and my daughter are not living with me for more than 4-5 years. Her parents are controlling the cases and the petitioner decisions. if the big amount ordered, then how can I request to reduce the amount. Since, I lost my job in the layoff 2 months back. 

Case is in sub court, can I appeal in the same court or in district court or need to go to high court. 

Is there anyway to stop the maintenance payment to petitioner. Because, I dont trust Petitioners parents.

Is there anyway can I control the maintenance of my daughter directly.



 7 Replies

Real Soul.... (LEGAL)     10 July 2025

Of course you can file an appeal , provide the income proof and ask for applicable reductions. If your wife is earning and has enough to maintain herself you can provide her income proof and you will be expemted fro her maintenance.

Since the child custody is with mother you have to pay to her only.  

1 Like

T. Kalaiselvan, Advocate (Advocate)     10 July 2025

You cn file an appeal before the district court against the orders of the trial court pssing the judgment in the MC case.

You can file a child custody case to get the custody of your child and also file an application for visitation rights as an interim relief in the same case.

 

1 Like

Dr. J C Vashista (Advocate )     11 July 2025

Apply for certified copy of the order/ judgment and decree (if any) and move an appeal within limitation, if you feel aggrieved by such order.

1 Like

Adv. Srishti Garg   12 July 2025

Hi Mayur,

It is recommended that you :

  1. Apply for certified copy of the final order ASAP.
  2. In case you are ready to pay maintanance and is just aggrieved by the amount of it you can file an application for alteration/reduction of the said amount under Section 127 CrPC application for reduction based on job loss, relevant income documents before the same judge.
  3. But in case you want to challenge the whole order in itself, then you can file an appeal against the order within limitation period (usually 30-90 days).

Please feel free to reach out in case any help needed.

Mayur   13 July 2025

Hi all, 

Thanks for your responses and your inputs. 

I applied for the order copy and my lawyer told within 30 days we have to appeal. 

I am planning to appeal the order. since its order revision my lawyer was saying appeal has to done in highcourt. 

I am planning to request my daughter custody, I know the girl baby its challlenging. Also, I am in private jobs and I cannot pay the maintenance amount continues. 

Petitioners and her parents will definitely the appeal the case because there execptations are very high compared to order. Also, they want me to suffer lot. 

They are not coming for settlement. All laws are against Men's even if we didnt do any crime. 

please let me know if you have any thoughts.

Dr. J C Vashista (Advocate )     14 July 2025

Follow advise of your lawyer who is well aware about facts and circumstances of the case. Besides the fact that s/he is an able, competent and intelligent enough to sail you through rough waters and satisfy your questions.

P. Venu (Advocate)     17 July 2025

The time taken for prepartion of the certified copy would be excluded from the period of limitation. Even otherwise, the delay in filing the appeal could be got condoned, if sufficient cause is shown.

 


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