Hello,
yes you can file the same.
it is known as cross appeal.
the two will be heard together.
regards
Maintenance case revision petition at High court allowed?
My wife has filed an appeal/revision (for enhancing the sum) at the High Court against the maintenance order (Rs. 20,000 / pm) by the CJM of the lower court. It's been 2 months since the judgement was passed. Now, can I file another appeal/revision from my side (since there is ample time of 90 days from the date of jugement/getting certified copies) at the High Court. requesting to reduce the quantum of maintenance? Will HC entertain two appeal/revision petitions, one by the wife and another one by the husband for the same case? If not, can I approach the supreme court after this appeal case is completed?
Asked 5 years ago in Family Law
Religion: Hindu
20 Answers
You are at liberty to file appeal/ revision against trial court order awarding wife Rs 20000 as maintenance
2) Both parties are at liberty to file appeal/ revision against interim maintenance order
Dear Sir,
You can prefer appeal/revision on your behalf for reduction of quantum of maintenance and it will heard and dispossessed of along with appeal/revision filed by your wife. Alternatively if rules permits you may raise such contention in your objection statement as a counter claim but you cannot go to Supreme Court without a finding given by High Court.
Yes you can very file for the reduction in the high court the court may tag along both the petition and can decide.
You have to plead to reduce maintenance in the appeal filed by your wife to enhance it.
If you file a separate appeal to reduce maintenance, Hon'ble h.c. will club it with your wife's appeal to enhance it, so the effect will be same.
So plead in your wife's appeal itself, instead of wasting your energies and precise time of judiciary in filling fresh appeal
- As per the information mentioned in the present query, makes it clear that wife is in so hurry to increase the maintenance.
- As per the law, maintenance is not the right but the obligation of the husband towards his family, and once it has been decided then there should be appropriate increase in the income for asking the enhanced maintenance.
- In your case, it just few months so accordingly her revision will get dismissed for sure.
- You should not file any such till the dispossal of the same, in fact you can make a reply here only in the revision that the manitemace is itself too high for you to pay.
- But, chances of decreasing the maintenance is also close to zero.
Revision is Maintainable against the cjm order. You can seperately file revision even if ur wify had already challenge that.
If u don't challenge it then it means the order is acceptable to you and your cannot ask for reducing the amount of maintenance than what is granted by CJM.
Dear Sir,
You can file revision or you can file statement of objection along with counter claim which is sufficient for the High Court to decide both matter simultaneously.
You can file appeal in the same both the Petitions will be heard together.
Yes, you are free to file a cross appeal, asking for a reduction.
Hence, it is advisable that you file a cross appeal so that both the appeals(yours's and your wife's are heard together).
You will always have the option to approach the Apex Court depending upon the outcome of the above appeals.
Dear,
No need to go supreme court.
You are free to file appeal/revision.
whether the interim maintenance has been granted under 125 Cr.p.c or under 24 HMA. If it has been granted under 125, revision u/s 397 r/w 401 would lie. But if it under S.24 HMA then your remedy will be different, you will have to approach the HC with a civil miscellaneous under 226/227 Of Constitution of India.
Yes, you can always file a revision petition seeking to set aside the lower court order or to reduce the quantum of the maintenance amount so ordered.
It is your right to prefer an appeal or a revision petition agaisnt the order that aggrieved you, hence you dont worry about high court entertaining two petition simultaneously from both the sides. You cannot expect or force the high court to give a decision in your favor.
Without exhausting the remedy before high court you cannot approach supreme court.
In the appeal/revision petition, she's also asking a % of sale value of the house I sold. I sold the house 5 months after I filed divorce. Have been planning to sell for more than one year.. and it materialized only 5 months after filing of divorce petition. have shown the sale value and interest earned in the account books duly. Does she have a right to claim a % of the sale value of my self-acquired property (acquired b4fore marriage)? Divorce case still going on.
Asked 5 years ago
No she does not have the right on the value of the sale proceeds.
regards
The sale consideration amount cannot be taken into account for income for computing your annual income for the purpose of increasing the quantum of maintenance amount.
You can always deny her allegation to this effect, the court also may not consider the same.
wife has no share in sale consideration received by you on sale of house
2) it was your self acquired property and wife has no share in its sale proceeds
No she has no right to ask any share in your property she has maintenance right only.
No she don't has any right in your self acquired property.
Hanging money in it account from sale proceeds is nothing but to show your capacity to pay but she has no independent right to claim share
You have the opportunity to file another revision petition in the High Court and both the petition will be heard together claiming the share in the property by wife is not the case and if it may be dismissed by the court.
