• 125 Maintenance case

Sir ..I am working as govt teacher.My net salary is 39,000 in that also i am paying 27,000 for housing loan..my wife left me alone with my two children in the year 2015 and she is now residing with father. This also she agreed in cross examination. My father wilfully taken as gift from me and written a registered WILL in my wife's name. In the year 2016 I filed for divorce...now the HMOP is still going on..in the counselling time she rejected to live with me. After one year she filed maintenance case..I already given proof of my pay slip and home loan deduction copies and I am paying my children tuition fee nearly 65,000 per year..
After 9 months process today the sub court judgement was given for granting of maintenance 15,000 per month
After all deductions I am getting only 12,000...can I go for appeal and get stay from high court...Plz give advice
Asked 4 years ago in Criminal Law
Religion: Hindu

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24 Answers

You can file review petition in same court. If it is rejected or the decision is upheld then you should go for appeal.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello

The trial judges in the lower court do not understand the broader picture and generally proceed mechanically without taking any consideration of the facts and circumstances of the case. File a revision application in the hc against this order and you will get relief.

Re

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Yes you have to definitely to for an appeal in this the revision has to be filed before the Sessions court further stay shall be grnated pending revision direct appeal in high court cannot be filed from 125 crpc order Further in case the wife is leaving in house you gave to your father Is wife qualified, earning or not.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since it is on you to peruse your father to change the will. Further that she has deserted children also need to be contented before the court,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Appeal lies in next upper court to the court passing decree.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

The revision has to be filed before the Session court if the order is of sub divisional magistrate

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should file appeal against impugned other passed by sub court before sessions court

2) court would not grant stay unless50 per cent arrears of maintenance are paid

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Will executed by father can be revoked at any time

Why is your father favouring your wife f she has deserted you

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

File appeal before sessions court

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

1) You can show court all income and expenses bank transcations passbooks court can't grant like this more amount as maintenance when you receive less amount in hand.

2) You can make appeal in high court.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. The home loan if taken after your marriage can not be taken into consideration by court.

2. So your gross pay Income tax deductions alone will be considered.

3. The quantum of maintenance in such case would be around 1/4th fo your income.

4; Id if your gross pay is more than Rs.60,000/- pm , preferring an appeal is not likely to get any benefit.

5. The Revision lies in high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You need to approach high court against the order of family courts award of maintenance. Since you provided pay slip court awarded 1/3 of your salary as maintenance. Firstly you shouldn't have provided pay slip and should have made them to prove that you are earning so much. Approaching.high court may help to reduce the quantum of maintenance. It must be done within 90 days from date of order

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can move your appeal to High Court for correction of the maintenance amount as per your income.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes, you can appeal before High Court. The High Court may reduce your maintenance

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

A change in the maintenance is usually called a 'variation'. A variation can be an increase or decrease in the amount. The party bringing the application for avariation must be able to show the court that there has been sufficient change in financial circumstances to warrant a change.

If there is an attachment of earnings order in place it will be necessary to apply to vary the attachment of earnings order if the amount of maintenance is changed.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can challenge the order in the Sessions Court, it cannot directly be challenged in the High Court. You have to show that your liabilities were not properly considered by the court below. Stay is the discretion of the High Court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes you can definitely file an appeal.

Though please consider the fact that payment towards the home loan is usually considered to be investment by the court and not expenditure.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If she is an educated woman then you may take the ground that she has the capacity to earn. Also, you may take the ground that you are taking care of the children also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes the appeal will be filed in the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you can directly go to the hc in revision.

Regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Hi

The order granting maintenance is issued by MM courts under Section 125 Cr.P.C and you need to file a criminal revision petition (please note it is not an appeal) against the Interim maintenance order of the court and Only High court has the jurisdiction to hear the Criminal Revision petition.

Also when your father has given accomodation and also that you are paying for the childrens school education, the maintenance of Rs15000-/-(that too when the remainder of your salary is Rs12000-/-) shows non application of mind by the sub court.

You should file a Criminal revision petition u/s 397 Cr.P.C , should you wish to challenge the interim order.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

You can prefer a revision against the orders for interim maintenance or prefer an appeal against the judgment of main case.

You can produce documentary evidence of your salary and the loan repayment details.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

The will shall come into force only after the lifetime of the testator of the Will.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If the judgment has been passed in the case by subcourt then he may prefer an appeal before sessions court.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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