• Maintenance case

Hi sir, I am male aged 33 years. I got married in the age of 18 years with forceful pressure of my father. After that I got Govt Teacher Job and earning 45000/- per month. I have 2 male children now aged 12 Y and 9 Y. From 2015 my wife and me are separated due to her aggressive behaviour and illegal affair with one my relative. Now she is living separately with my 2 children. But I am paying Yearly 72000/- school fee for my children and fulfilling their minimum needs. I filed divorce in the year 2016 now it is going on. After one year i.e 2017 she wilfully filed 498a. It is also going in the hon'ble courts. In 2018 she filed for Maintenance. Last week court judgement was announced for grant of 15,000/-. But actually in my salary 45,000/- housing loan 25000/- deducted and I am getting take home as 20,000/- per month. 

 My question is Can I go for appeal to District court to reduce the Judgement amount 15,000/- per month as maintenance
Asked 2 years ago in Criminal Law
Religion: Hindu

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13 Answers

You can appeal or first you can file revision petition.

Abhilasha Wanmali
Advocate, Nagpur
915 Answers
1 Consultation

4.8 on 5.0

Wife guilty of adultery is not entitled to any maintenance

2) gather evidence of your wife adultery

3) file appeal against maintenance order

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

Yes sir a revision on maintenance can be filed praying before court to reduce the maintenance amount showing your inability to pay

Further the liabilities housing loan and parents can be pressed before the court.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

Hi, yes you can file a appeal in the high court against the lower court judgement and can obtain a temporary stay on the monthly maintenance granted by the lower court

Hemant Chaudhary
Advocate, Gurgaon
4553 Answers
37 Consultations

4.9 on 5.0

1. You should challenge the said maintenance order passed by filing an application before the Appellate Court praying for the reduction of the maintenance amount so awarded by the lower Court.

2. Engage a local lawyer having expertise in his field.

Krishna Kishore Ganguly
Advocate, Kolkata
24261 Answers
669 Consultations

5.0 on 5.0

Hello,

EMI towards the home loan is not considered as a liability but as an investment.

You may definitely file an appeal but not in this ground but on other grounds.

Share the copy of the order for a more concrete opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
17725 Answers
290 Consultations

5.0 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
16464 Answers
11 Consultations

4.5 on 5.0

You can file an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Priyanka Jain
Advocate, Mumbai
7 Answers

Not rated

1. Did you file the required documents before the court to show your actual salary and liabilities? The court has to fix the quantum of maintenance after factoring in the liabilities of husband. If your liabilities were mentioned by you in your reply and supported through documentary evidence but were not appreciated properly by the court then you may challenge the order in the Sessions Court.

2. The Sessions Court can either reduce the amount or quash it altogether.

3. Your wife can also approach the Sessions Court to enhance the amount.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

It will be better if you file your revision petition in High Court against the order of the family court although this is very common people should have the housing loan or any other deduction in the salary so in the Court but this is the discretion of the code to accept that or not

Vimlesh Prasad Mishra
Advocate, Lucknow
6535 Answers
20 Consultations

4.9 on 5.0

You can very well prefer an appeal agaisnt the judgment by mentioning your liabilities and other hardships you are facing

Did you not take up this issue in the trial court?

However you may discuss with your advocate and proceed as per the advises received.

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Hi,

You have not mentioned the kind of maintenance case in which orders are passed. However, you may challenge that order in appropriate case.

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

Dear Sir,

Do not pay anything to her and get stay order by appealing before Higher Court. Challenge all her action in higher courts and get stay orders. You will get divorce on many grounds since she is not willing to reside with you without any reasonable ground. Try to prove illegal intimacy with her relative and collect evidence by taking the help of detectives. Once this strong ground is proved you need not pay anything to her and you will get divorce easily.

Kishan Dutt Kalaskar
Advocate, BENGALURU
5462 Answers
185 Consultations

4.8 on 5.0

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