Dear client
Don't worry, you can appeal against the order before the high court of your jurisdiction. Following information may help you..
DEFENSES FOR HUSBAND TO DENY OR REDUCE MAINTENANCE
If your wife has asked for maintenance under CrPC 125, here's your chance to learn everything about how to fight and deny or reduce maintenance under CrPC 125
1. Husband’s EMI towards house to be considered in CrPC 125 Maintenance to wife – SC Judgment
The order reduced maintenance amount from Rs 10,000 to Rs 5,000 p.m. While this may cause cheers to readers, it should be noted that the in-hand salary of husband is Rs 9,000 p.m, so effectively he has to now survive on Rs 4,000 p.m.
2. MP HC denies maintenance to wife on her CrPC 125 appeal
We have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill.
3. Qualified wife can’t sit idle and claim maintenance: Mumbai family court
Important part of judgment below: 16. The learned counsel for respondent has argued that the petitioner is well qualified and she is earning an amount of Rs.50,000/per month, she is having sufficient income for her maintenance. It is argued by the learned counsel for respondent that before the police station Worli on 12.11.2011 the petitioner has given statement u/s 161 of Cr.P.C. The petitioner has admitted that she has completed degree in Food and Science Nutrician, she had worked as a dietician, she is Post Graduate in Dietician field, she had also worked with Larcen and Tubro etc. but at present she is not working. The above statement made by the petitioner clearly shows that she is well qualified and able to do job.
4. Woman can’t evict husband just because she pays EMI: Mumbai Family Court
MUMBAI: A family court on Monday rejected a wife’s interim plea seeking her estranged husband’s removal from their Lokhandwala flat where she stays with him and their child, just because she pays the EMI (equated monthly installment to repay home loan).
The court, while ruling in favour of the man who pays Rs 90,000 a month for household expenses, said in the current day, it is difficult to ascertain who has contributed how much while purchasing any asset or discharging any liability. “If both contribute to the household, either this way or that way, a particular spouse cannot claim exclusive right, ownership or title in the household property, merely because either the property stands in her name or she has contributed financially,” said the judge.
5. Delhi HC judgment in CrPC 125 maintenance, rejects one-third rule, both have income
The judgment asserts that there is no strict criterion that one-third of husband’s income has necessarily to be awarded as maintenance to wife. The judgment can be useful to know how judges may ascertain income of both parties based on declarations in affidavit, and some estimation of real income (because people just lie about income).
6. Multiple maintenance under DV Act denied when CrPC 125 already decided. when CrPC 125 already decided
7. Mumbai HC disallows multiple maintenance under CrPC 125 when civil suit pending
this case, wife initiated a fresh maintenance petition under CrPC 125 when a civil suit asking for maintenance was already pending, but it was stayed by Mumbai High court.
Important parts of judgment below:
- Mr. Vidwans, the learned counsel for the applicant submitted that practically pleadings are identical and verbatim in both the cases. He took me through the pleadings of both cases and demonstrated that practically the paras are identical as much as they are in verbatim.
