Sir my wife was hided material facts before marriage like education qualification , age and medical history. After 3 month of marrige she went her mother home and I filled a case under sec 12 of HMA to declare voidable marrige . And she appeared in the court and after that she filed case against ne under DV , criminal case 302 498 etc and ask maintenance under sec 125 in other court. Court granted internet maintenance to my wife Rs 14000 per month Even after submission of her income proof Rs 12000 per month. My gross income is about 70000and net salary is around 40000 (loan and statutory deduction) and my mother father and grand mother are fully dependent on me. My mother is suffered from cancer and that's why her expenses is high. I am unable to pay Rs 14000. Per month as my saving is not even 8000 per month.as I have to visit 3 to 4 time gorakhpur from kolkata and pay fees to advocate. Kindly suggest me what can I do? Can I move to HC ?
You should immediately file a criminal revision against the order of interim maintenance.
Regards
A petition for arrest stay and quashing of the Fir should also be filed so that the police may not harass you and proceed with the investigation in a fair and impartial manner.
You can file appeal against order granting wife interim maintenance of Rs 14000 per month
2) draw attention of court to fact that she is earning Rs 12000 per month and that you have dependent parents / grand mother
3) that your mother is suffering from cancer and medical expenses are high cannot pay wife maintenance
1. The thumb rule to gent maintenance is 1/4th of income of husband. So 14 grand out of 70 grand of your income is much less than to what your wife is entitled to..
2. Though you have the option of filing revision before the high court, there is hardly any merit in it and thence it is not advisable at all.
Yes you can move to high court in appeal for reducing the maintenance. You can also try to quash the maintenance
You can approach high court on ground she is earning and the court below has erred in deciding the maintenance on material facts before the court and has not considered the income and liability while deciding the maintenance.
you can approach the High Court for decreasing the interim maintenance but before approaching, you are advised to consult one prominent lawyer (offline/online) along with all relevant documents to have a view, whether approaching the High Court will be beneficial or not
Yes thumb rule is 1/4 but she is earning 12000 per month and she hided at the time of filling case .When we submit proof she accepted but court not considering . My net salary is 40000/- If I pay 14000 then I have left only 26k and she has also 26 k. She has no any dependent but I have 3 dependent and one of them suffered from cancer and her taking care expenses is little high. And she filed 3 case against me . Please suggest me that can I get any relief from HC .
you should approach the High Court for reducing the amount, facts and chances are in your favour
You would get relief from HC
maintenance amount awarded is excessive
If you can prove her income through documentary evidence then it is a fit case where you can file Revision to modify the maintenance amount.
Yes you can get relief from the high court. A criminal revision must be filed in the high court.
Regards
Actually there is no such law you can still appeal to reduce it by making grounds of your expenses
See in my view you should try you may get relief from high court considering the facts.
you can file an Appeal in the High Court and reduce it. You will have to get evidence to show that your wife is working.
If you are aggrieved by the decision of huge amount in the orders passed by court in interim maintenance, you may prefer a revision petition before high court.
You may present all the details before high court in this regard including the proofs of her income and the details of treatment particulars and expenses for your mother which are bearing in the revision petition.
You may convince high court of your plight and inability to pay such a huge amount owing to your statutory expenses towards your mother's treatment and other routine issues.
1. Because there is acute difference in your income and her income she is entitled to maintenance even if she is earning. An earning wife does not ipso facto incur any disqualification to maintenance. She is entitled to the same lifestyle which she led prior to separation. In the given set of circumstances the interim maintenance of Rs,14,000 p.m appears to be just and reasonable.
2. You are free to challenge the order on the ground that your liabilities have not been factored in by the court below.
Dear Client
You must file an appeal against the order of family court. you will get relief from high court as she doesn't comes to seek justice with clean hands she hide many facts while filing the petition.
