Hello,
yes there are chances to get it reduced. You must file an appeal against the said order before the HC.
regards
Interim maintenance - DV case
My wife has file a DV case on me in 2017. we married in 2016 jan. my wife didnt stay with me more than three months and half months and deserted me without giving any reason. i initiated two meeting for reconcialiation , in which their parents conveyed she doesnt wants to co habit. after that i sent letter through registered post on march 2017 humbly requesting her to come back . later after 1 month i sent talaaqnama by regiestered post on may 2017 and the amount of meher and iddat cheque. which she encashed. i gave her talaaq once. My gross salary is 45000 till august 2018, i lost my job in august 2018 and i have submitted my resignation letter also i am jobless now. on 26/11/2018 court order 7000 pm interim maintenanace. which i feel is much higher side. my father is handicapped and bedridden, my mom is also old , my younger brother is also handicapped and dependent on me. i also did second marriage on april 2018. i request plz let me know is there any good chances of reducing my interim amount. should i appeal to session court or directly to high court. is there any chances that i can transfer the case from nashik to thane citing my father health conditions.
Asked 5 years ago in Family Law
Religion: Muslim
15 Answers
You need to challange order of magistrate before sessions court showing you liabilities and on ground that there was no domestic violence. And you lost job court on ground can reduce the maintenance.
Sir chances are less.to.transfer.
a divorced Muslim woman is entitled to receive maintenance from her husband as long as she does not remarry, not just till the iddat period.
You can file a n application u/S 127(2) of crpc before the same judge for cancellation of maintainance or u can ask court to reduce the maintenance.
1) since you were earning Rs 45000 per month till August 2018 maintenance of Rs 7000 per month is reasonable amount
2) you can file appeal against said interim maintenance amount before sessions court but chances of success are bleak
3) your services were not terminated but you resigned on your own accord in August 2018
4) case would not be transferred to thane
5) personal presence in court is not necessary in DV cases if you are represented by lawyer
1. Well, if wife is unemoloyed then she is entiled to maintenance which is around 25% of income of husband.
2. Divorce of wife does not make any changes as far as amount of maintenance is concerned.
3. Appeal lies in sessions court only from the order of magistrate in DV case and hence you can not challenge in high court directly.
4. You can highlught your expenses which would be taken into account by court while granting maintenance.
1) No, court grant monthly maintenance on th eliving standard of matrimonial house and 25-30% of you net salary. So as of now court has passed interim maintenance to your wife 7000 later on it may go to till 13,500.
2) To reduce amount you have to show all dependent list of your family members and your net income in hand plus all loans and medical expenses of your parents etc. so chances are there it might stick to 7000 only it will not finalize later to more amount.
File an appeal against order of interim maintenance before sessions court on grounds of your responsibilities towards other members of family handicapped father and brother
You are job less because of your resignation, not termination
You case should not transfer to thane ,if you are unable to present because of father's Heath condition your lawyer represent you in court , your personal presence is not necessary in divorce case
You have to file a petition in high court under Section 127 CrPC provision of the maintenance amount based on your preoccupations and problems the honourable High Court after considering both the side may reduce the amount of maintenance.
If the court has passed an order granting the said maintenance amount, why did yo not defend your intersts in the trial court?
Have youproduced the evidences of your unemployment before court?
If you have not convinced the trial court with documentary evidences about this then you may have less chance to fight it out in tthe revision before high court without any base.
Discuss with your lawyer about the possibilities for getting the amount reduced through a revision before the high court ansd then proceed.
I have appeal in district court against interim order and showed liability of my father and handicapped brother,, after appeal my father suddenly died , i would like to know should I go and fight the appeal or take the appeal back against interim order , please suggest I have filed following expenses in the court. Expenditure Amount Bill No. House Rent 18150 1 House Keeping 2200 Milk Bill 2200 Physiotherapist 2000 Father Medical 7175 2 Mother Medical 1500 3 Kirana - Dialy Food Requirement 5000 4 Travelling for Office & personal purpose 2000 Cooking gas 745 Light Bill 3360 5 Vegtables & Egg & Fruit 2000 Total Expenses 46330
Asked 5 years ago
You should withdraw the appeal
your father is dead and his medical expenses of Rs 7175 have not be incurred by you
amount of Rs 7000 awarded is reasonable
It is your decision to continue the appeal or to withdraw.
You may decide based on the prevailing circumstances because withdrawal at this stage may not fetch you any relief.
Husband is responsible to maintain his wife however he has no sufficient means of income. More importantly, if he has capability to earn livelihood for his own family he cannot defend himself that he is unemployed.
You can contest the matter withdrawing appeal will not be a sound decision.
Go ahead and fight the appeal.
Share the order of the lower court for a more concrete advise
You can wait till the appeal gets disposed don't withdraw the same
