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RAJ KAMBLE   26 March 2020

Multiple Maintenance in one salary is justified

My wife filed fake RCR in that case she filed section 125 and immediately next month she filed section 24 naturally section 24 decided first it was 8000rs for wife and son and in section 125rs 10000 for minor son as she is well qualified doctor now both the maintenance from same month I already paid as per 8000 but she filed recovery petition as per RS 10000 from date of filing, now what I do it's very difficult to give double maintenance.in high court already approach but not get solutions please guide me.


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 11 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     26 March 2020

Dear querist,

You have to make representation before court about her financial status and maintenance amount in other applications so that court can pass necessary order.

Regards,

 

Free Legal Help India   26 March 2020

PLEASE CONTACT A. A. ZAIDI ADVOCATE FOR LEGAL HELP. CONTACT NO. 9719775005.

G.L.N. Prasad (Retired employee.)     27 March 2020

When your case is being handled by a competent advocate after receiving professional fees, you have the right to demand your advocate for such reliefs that are legally permissible and for taking second legal opinion from other local advocates that can study the papers /facts for proper guidance..

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

What is the status of the high court case?

If it is pending for hearing, then you may have to wait for the high court to reopen after the current crisis is settled 

The court has passed order under section 125 cr.p.c. for paying maintenance to your child.

If the order states that the amount has to be paid from the date of application then you she is right in her application seeking collection of  maintenance amount from the date of her application.

 

Dr J C Vashista (Advocate)     28 March 2020

Maintenance has to be adjusted as per status ot parties for which your lawyer has to appraise the Court.

Dr J C Vashista (Advocate)     28 March 2020

You have already engaged /paid an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case(s), what is his/her opinion/ advise ?

Proceed accordingly, if you have faith in him/ her, otherwise change him/ her immediately.

Dr J C Vashista (Advocate)     28 March 2020

Instead of waiting an obligation of experts on the basis of limited facts posted by you on this platform (although it is available FREE OF COST) if you are keen to have second opinion it is advisable to consult another local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeeding.

Dr J C Vashista (Advocate)     28 March 2020

Instead of waiting an obligation of experts on the basis of limited facts posted by you on this platform (although it is available FREE OF COST) if you are keen to have second opinion it is advisable to consult another local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeeding.

P. Venu (Advocate)     28 March 2020

Ftacts posted suggest that you have fair chance to get the orders as to payment of maintainance revised. However, you need to wait for the decsion from the High Court,

What do you mean by fake RCR? Please post material facts,

RAJ KAMBLE   02 April 2020

respected sir fake RCR means she is already live in relationship with another person and after that she filed RCR,inspite of we agreed her cohibition and by merit judgement on admission but she never come to join my company,as per high court order high court keep lower court order as it is.my lawyer try to reduce maintenance but not successed.

P. Venu (Advocate)     02 April 2020

You need to wait for decision from the High Court.

The facts posted also suggest that you have the option of seeking dovorce in as much as she has not complied with the Orders in RCR and particularly, she is living in adultey, if so advised.


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