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Fight Back (Analyst)     17 July 2014

Sec. 151 - maintenance without any formal application

Hi All,

Recently, in the family court my wife, the respondent in the case had applied for relief in the form of School fees to the tune of 1 Lakh rupees u/s 151.

In the meanwhile there was a DV act pending, where a maintenance of Rs 5000 was awarded and was regularly paid by me. However, during the pendency of this application for school fees, the respondent wife had withdrawn the DV case and hence no maintenance was paid for a couple of months. The DV was withdrawn, citing a reason that the wife was not willing to contest and she was willing to sort the matter with the help of elders and relatives and not to mention there was no signature or any thing from my side. It was on her own she had withdrew the case.

Now, the family judge, while passing the orders under the application for school fees under 151 also passed a monthly maintenance of Rs 10,000/-. Even though in the objections, I, the petitioner had clearly stated and submitted that I have lost my Job and in search of another job, even I have submitted my PAN card copy to the court in this regard.

Please help, is this order valid and correct. Does the court have such powers when even there was no mention for grant monthly maintenance in application by the wife one was granted?  What comes under sec 151.?


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