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s kumar (dfdf)     02 February 2010

quantum of maintenance crpc 125

Is there any judgement either from supreme court or any of the high courts which shows that husband's liability are to be taken into consideration while deciding the quantum of maintenance to wife .



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 8 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     02 February 2010

 

 

There are judgments but your counsel can help you.

Good luck.

N.K.Assumi (Advocate)     02 February 2010

The need of the petitioner and the means of the respondent husband are the relevant factors. the amount of maintenance has to be neither luxurious nor penurious, but which is modestly consistent with the status of the family, as the object of 125 is to prevent vagarancy and destitution. In fixing the amount of maintenance the court must take into consideration the net wages of the husband and his other liabilities, his duty, for instance, to maintain the child of his first wife, unmarried sister and so on and so forth. There are many cases and if you engaged a lawyer he can cite all those cases.

venkatadurgaprasad marni (advocate)     02 February 2010

The quantum of maintanence fixed by the court basing on the status and income of husbend . there no restriction to the court to fix the quantum .  Thferefore at the time of evidence the respondent shall care ful about liabilites and  he shall establish to he court how much amout he can pay to the petitioner.   These all thing done by experenced Advocate only.  So choose an well experenced Advocate first and leave to him entire your problem on paying reasonble fees. best of luck.

sunil pagare (lawyer)     03 February 2010

As per amended act there is no restriction for awarding maintenance amount . While granting maintenance the status & income of husband & wife shall be consider. so its depend  upon  your case.

1 Like

chandrika singh (student)     09 February 2010

there are no restrictions regarding the amt of maintenance as it will surely depend upon the status, income and other family liabilities.also the fact that wife's earlier status during marriage also helps in deciding the quantum of maintenence.

khagesh jha (advocate)     07 March 2010

there are several judgement including AIR supreme court 3006 :2008 in the matter of  sail kumari devi vs krishna bhagwan pathak ruled that onus of evidence is on wife to prove income of husband. as per amended act there is no restriction to award but restriction does not means that maintinance will will be irrespective of of income of husband .

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 March 2010

read sec 25 0f the hindu marriage act.

Biswajit Mandal (Superintendent of Central Excise)     14 September 2010

A 498A is filed against me  in Sept 1995. Maintaince started U/s 125 Cr.P C @ Rs.2500/-(1500+1000) for wife and daughter. I filed Divorced in 1999 and got degree on contest in 2003.I got acquittal of 498A in 2005. Maintaince enhanced to Rs.2900. P.M. in 2004.

            Now I marry again in 2004.have a baby of 4 yrs. I am a Central Govt employee and got Rs.32,000/ P.M as salary.I have a House building Bank  loan of 15 lakh. EMI is Rs.15,000/ . Now Divorced wife  filed enhancement case for a total of Rs.15,000/ (8,000 for herself and Rs 7,000/).How much be enhanced in addition to Rs.2900/ : Biswajit


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