• Maintenance CrPC 125 case

Wife filed mnt.125 case...in it she filed affidavit tht her income is wasted in court cases..i filed applction u/s91 for producing her salary stmnt,account and FDs details ...judge rejected my applction and on same date awarded maint to wife and child 5000 each...shall I chllnge it in hc or in session?

wife and me both working in govt bank
I have won exparte rcr case
being discharged in 498a case
Asked 7 years ago in Family Law
Religion: Sikh

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10 Answers

Dear Sir.....

If the application is dismissed..you can challenge it once again in different court.......



Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

You can move high court and challenge the order .The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party.

a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, 2000 (3) MPLJ 100, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.

So better only challenge the amount to wife not to child

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

You may file an appeal against this order for maintenance within 30 days from the date on which the Order is served upon you towards maintenance in Sessions Court.

2.In view of RCR decree and exoneration from 498a case you have valid grounds for appeal being upheld by the court of sessions.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1) if wife is working in nationalised bank and there is not much differnce in your income wife is not enttiled to any maintenance

2) you are at liberty to challenge court order of maintenance under section 125 Cr Pc before high court

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. It can be challenged in the sessions court.

2. Ex pate RCR decree does not have a bearing on the merits of the maintenance claim of your wife.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Send a RTI application in the bank whereby you will get all the necessary information.

S. 91 petition is allowed in trial stage and not at the time of hearing of interim petition.

Challenge the order of maintenance in high court or sessions court.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The question of allowing maintenance petition will depend on the documentary evidences you have produced before the court as reasons for rejecting her claim.

If the petition under section 91 as dismissed what prevented you from taking up a revision on it before high court?

Even now you have not mentioned that whether this order is on the application for interim maintenance or main petition.

However you can take up a revision or appeal before higher court agaisnt the judgment if you feel aggrieved or some of your valid points have not been considered by cour.

As a matter of fact, if she is employed then she may not become eligible for maintenance.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Immediate file an appeal before high court is maintenance case has been decided, if the order is intern order then file revision.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

no appeal can be filed against a judgement or order of the Family Court which is an interlocutory order [see Section 19 (1) of the said Act] and no appeal lies in respect of an order, inter alia, which is passed under Chapter IX of the Cr.P.C. [see Section 19 (2) of the said Act

2) The remedy of criminal revision would be available before HC qua both the interim and final order under Sections 125 to 128 of the Cr.P.C. under sub-section (4) of Section 19 of the said Act.

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Shall i file revision appeal. Or a writ against interim mntnce orders in high court

You can file a revision application itself before high court instead of writ.

Filing writ on this is an incorrect decision.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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