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arvind sharma (govt service)     12 November 2017

Maintenance u/s crpc 125

Hello friends,

My husband is in govt. service and earns 40,000 per month. As he is in govt. service, his salary also increases time to time by Govt. and now, after implementing of 7th pay commission, his salary has beome increased and would be around Rs. 40,000 - 45,000. We have a son aged 2.5 years.

The point is that My marriage occured in 2014 and from feb 2017, I left my matrimonial home and residing at my paternal house with my son. I don't want to live neither in my matrimonial home nor with my husband. I filed a case of Maintenance under crpc-125 against him. And family court ordered Rs. 11,000/- per month (7,000 for me + 4,000 for my son) as interim maintenance. I feel that amount ordered as above doesn't meet my requirements like my son will go school, his tuition fees, and other expenditures as well. I want that the amount of maintenance should be increased upto Rs. 25,000 to 30,000 per month. My husband filed section-9 and is ready to keep me and my son with him. But, I don't want to reside with him. Now, how the amount of maintenance may be increased for betterment of my life and my son?



Learning

 4 Replies

Dr J C Vashista (Advocate)     12 November 2017

1. You are not entitled for maintenance since you are earning, however, if the Family Court was pleased to grant the relief of Rs. 7000/- for you with Rs. 4000 for your son out of total income of Rs. 40,000 of your husband/respondent is a fairly good amount.

Even then if you are not satisfied file an appeal before High Court challanging the orders passed by family Court

Dr J C Vashista (Advocate)     12 November 2017

In case do not intend to join the society of your husband, as he has desired and prayed in the Court by filing petition u/s 9 HMA, 1955 you will be disentitled for maintenance.

Dr J C Vashista (Advocate)     12 November 2017

What is the opinion and advise of your lawyer who has arranged maintenance u/s 125 Cr PC in Family Court?

Why do you need a second opinion on the issue from the experts on this platform except the fact it is FREE OF COST?

Anish   12 November 2017

Hello,

Firstly keep please in mind that the apex court has granted you INTERIM maintainance and not completely decided the case yet.

The apex court will surely grant you more amount of maintenance at the time of deciding the application u/s 125 CrPC

From
Adv. Anish Sarna
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