sharmilla ram (general manager) 19 October 2009

revision under crpc127

hi to all.

i m bit confused.my wife has filed case under crpc127 for revised maintence,she claimed my salary is 80k n my father is earning 20k from cultivation so she needs 20k for maintence,right now she is getting 2000 rs.all orally statement no proof at all.last time she got xparty order n judge has mention in his order she can not tell where i m working nwhats the company name etc.but i do consider his fatherinlaw 10k income per month so i awarded 2000 rs per month,and girl has refused to stay with husband. my question to u that for girl is it not required to bring any document proof in the court.for girl all oral statment is valid or not.still court is not asking any proof from her.if i will show my agreement between me n company which is attested by indian consulate.in the agreement my salary is less than my allowance.if court will consider total salary divide by 2 then what i will do,cuz in my allowance is mention house allowance petrol,medical,phone bill allowance etc.cuz in bihar anything judge will give judgement.can the judge say i will not accept agreement cuz last time judge awarded my dad income as a maintence.please reply where to go.there is no check n balance for judge.

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4 Replies

Advocate.S.A.Siddiq (Advocate) 19 October 2009

Are you divorcee or legally separated ? Any how pay mainatanance sufficiently , befor you made internal agreement , and also produce the copy of agreement , your salary certificate and Income tax return to the court in trial

sharmilla ram (general manager) 19 October 2009

no divorce refused to stay with me.its recorded statement in the court.pls read my post carefully then reply.she had filled the petetion for increase maintence but no proof.i m not paying income tax return cuz i m working abroad i dont ve bank account even i dont ve assets anywhere india.my question is for my wife its not required to show some document that i m earning so n so.for wife only oral statement is enough evidence.in revision petetion if the circumtances has been changed then u can file revision petetion but she has to show in the court or just orally that circumtances has been changed. how the judge has been passed the order based on my father income.even she can not produce my father income all statement is verbally.

jagjeet singh (advocate) 19 October 2009

hi, dear friend ur wife should have to show strict proof or ur salary or ur exact/eggregate income.

without this proof court cant ascertain about ur salaru only orally statement. court has passed a wrong order. u should appeal to the uppercourt. even u can show proof of ur salary if it is low or can show ur wife's income to the court.

IKGoyal Advocate (Legal) 30 January 2010

dear brother if ur making more than 20 k than don't appeal it bcoz whenever u appel and give proof of ur income , court will decide more than 2000 rs. as maintence , but i think their is a judgement about if woman walk away without any reason she doesn't get any maintence.