LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

balaram (director)     05 January 2016

Request for reduce in maintainance

Respected Experts,

Details:

My wife got maintainance of 12 thousand rupees every month and hon'ble megistated ordered to pay the amount from the date she filed the case (march 2010). As i am out of country I haven't attended in the court and not contsted on the same.

She is very well educted (M tech) and came from a settelled family. And also she is working as professor where she is earning almost 30 thousand rupees every month. We came to know her working status rescently. I just wan to intimate that I have not taken single penny either from her or parents as I am against dowry.

I have few questions:
1. As the total amount is crossing 8 lak rupees and I am not in a very good job, I can't pay the amount. So can i initially pay 50 thousand to 1lak?

2.The case filed and orders (judgement) came in District court, can I file petition by requesting to change the payment to start from the date of order, instead of date of case file. if so which court i have to approach (District/ High court).

3. As she is earning a very good amount and she has a very good family back ground, can i request to reduce the maintainance amount? If so where I have to file the case (district court or high court)?

I heartful regards in advance for your help.
Venkat P



 10 Replies

Kunal Godhwani   05 January 2016

Yes you can file Revision Petition in District Court and bring this facts before the Court 

Kunal Godhwani   05 January 2016

Yes you can file Revision Petition in District Court and bring the true facts in the knowledge of the Court, the Court may consider. 

 

All the Best

saravanan s (legal advisor)     05 January 2016

you can file a modification petition in the court

balaram (director)     05 January 2016

Thank you very much Kunal and Sravan for your valuble time and suggestion.

Does filing a rivision or modification of petition is considered as a respectable manner of applying and also can you plesae provide any presucceded cases for my refference. As per my lawyer once the judgement came on maintainance can't be re-appealed in any court. If i study any reference cases I can explain to my lawyer with scenarios.

My apology if I asked any stupid question.

Regards,

Venkat P

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 January 2016

You need to specify whether the city where the case is pending follows the family courts qact or not. ALso specify the provision under which she ahs received the maintenance. Whether it is under 125 or section 24 HMA?

jagannath magar   06 January 2016

If order is exparte you should file application before the same court to set aside exparte order mentioning the grounds due to which you could not present your case.so in order to have correct advise you should disclose all the facts known to you.you have not mentioned regarding court I. e whether family court or cjsd or cjsd. Depending up on the court remedy will change.so disclose correct and full information to get correct advice otherwise different remedies will be suggested and confusion will be created in your mind

jagannath magar   06 January 2016

If order is exparte you should file application before the same court to set aside exparte order mentioning the grounds due to which you could not present your case.so in order to have correct advise you should disclose all the facts known to you.you have not mentioned regarding court I. e whether family court or cjsd or cjsd. Depending up on the court remedy will change.so disclose correct and full information to get correct advice otherwise different remedies will be suggested and confusion will be created in your mind

balaram (director)     07 January 2016

Dear Chaterjee / Jagannath,

Thank you very much for your responce: please find the case details.

Petition filed : 11 March 2010, U/sec. 125 Cr.P.C

Date of Maintainance Order : 18 November 2014

Court Details : Rangareddy district Family Court, Hyderabad.

Maintainance type : Interim Maintenance

Note : Paid from the date of petition till to the disposal of main maintenance

Marraige Details:

Ours is a kind of love marraige (Because I kow her as a firend, not as a lover), not happend with the acceptance of marraige. Both side parents not present. We were togather 1.6 months and we don't have kids. In 1.6 years we were living separate as she doesn't liked to join with me when i was in Mumbai in deputation for 4 months.

Other informations :

We separated from 01-Jan-2010, later in march 2010. I moved to UK and I requested her to rejoin in 2010 and later 2011 to 2013. But I never filed or requested through court.

1. She has filed conjugal right OP in the same court in 2012, which i was not aware till 2014. Still we have not received any notice on the same.

2. In 2013 I filed divorce case in the same court.

3. In March 2014, she hs filed 498A, 420 and few other cases in Miyapur Family court, Hyderabad (On me and 4 more members of myfamily). She got my india visit info and police arrasted and submitted me in court. But court has issued bail on same day. They filed my passport surrender and other cases to stop going UK, but court cancelled.

4. In Jun 2014, the police has filed red-corner notice and they stopped me when i am going to UK after attending in court. Later that has been cancelled though High court orders.

5.I have filed quash to remove my family members from 498A, That is still not came on to bench of Hyderabad High court.

Questoins or Doubts I have on maintenance:

1. As the total amount is crossing 8 lak rupees and I am not in a very good job, I can't pay the amount. So can i initially pay 50 thousand to 1lak?

2.The case filed and orders (judgement) came in District court, can I file petition by requesting to change the payment to start from the date of order, instead of date of case file. if so which court i have to approach (District/ High court).

3. As she is earning a very good amount and she has a very good family back ground, can i request to reduce the maintainance amount? If so where I have to file the case (district court or high court)?

Once again Thanks for your help and your suggestions really help me.

Regards,

Venkat P

Abhu (Employee)     21 January 2016

First whatever maintenance amount has been ordered has to be paid otherwise warrant can be issued againt you. Even if your appeal is accepted and maintenance amount is revised or cancelled it will be from the date of the order of appelant court and not from the date of orginal application. Max you can do is request lower court to spread the payment over 1-2 months.

The laws are hel bent towards weaker section as seen below

Maintenance amount to be paid from date of application

Revised order applicable from the date of the order

balaram (director)     21 January 2016

Hi Abhu,

Thank you very much for your valuble suggestion. I have discussed to start payment to her to avoid hassels in life.

Will see whether my attempt will come postive shape or not.

Regards,

Venkat P


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query