• 498a maintenance

Am Bhaskar am from hyderabad , my wife is filled 498/a and maintenance in warangal court. she filled maintenance in 2016. 
she is well studied double post graduated , and financially very sound. am not that much, am the daily wage worker .judge declared monthly 2000/- now she asking 2yaer maintenance. so can u help me, any one give suggestion? and how can i proceed ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

If it is final order for maintenance then u can challenge d order in upper court and u can get d stay on d order.

Sital Patil
Advocate, Kota
139 Answers

Not rated

Respected sir... 

As per provision of law weather you are earning or not weather your wife is earning or not it is the duty of the husband to maintain his wife... When your wife said I am unable to maintain myself from there onward your duty starts as per court order you have to pay form last two years if you are not capable then just ask from court to pay in installment court will allow you.. Or if you are not thinking this as right then appel against this order... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

You need to appeal against the said order before sessions Court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1) gather evidence of wife income 

 

2) draw attention of court to fact that wife is highly qualified and working 

 

3) court would not award her maintenance if there is not substantial differences in your income 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

See if you are not able to pay that kind of maintenance and she is earning challange the order of the court before higher court praying to set aside same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello,

you can challenge this order before the HC on the ground that the wife has the capacity to earn. 

As per rule whatever maintenance is decided, you have to give the same with arrears from the day when the case was instituted.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

A criminal revision must be filed agaisnt such an illegal and absurd order of the judge who hasn't taken into consideration your income and your wife's status.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

Challenge the maintenance order in appeal on the ground that your wife is well educated and  capable of maintaing herself with a good economic and social background.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. If your wife is ready to give divorce on the payment of 2 years of maintenance at a time then it is best you can expect under the circumstances and must get ready to her proposal.

2. There is though enough grounds to challenge the decision of maintenance and fighting the 498A case but that would take away many precious years from life.

3. SO forget the bitterness and go for mutual divorce on payment of such money. If she raises exorbitant amount then fight the cases on merit.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

The claim of maintenance starts from the day the petition filed in your case if your wife is not working even after having proper qualification that cannot be taken as excuse as the responsibility of maintaining the wife is lies with husband you can contest the Matter based on your income but eventually you have to pay the maintenance if it is decided by the court and if you have any e problem in the decision then you can file a petition under section 127 CrPC in High Court for the revision of the maintenance allowed by the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

Produce the following documents in your defense:

  1. Rent agreement
  2. Salary certificate having more and more deduction and see that home taking salary is about Rs.10,000/- per month.
  3. Medical expenses of yourself and your parents about Rs.5000/- per month.
  4. Dependency certificate showing how many family members depend upon your salary like parents etc,

 

  1. What is the maximum maintenance amount for a resident Indian? 
    A. Maximum is around Rs.3000 per month. Exceptions are very rare.
  2. What is the maximum maintenance amount for a non-resident Indian (NRI)? 
    A. Maximum is about Rs.10000 per month. Exceptions are very rare.
  3. Can I appeal the order of maintenance? 
    A. Yes. You can appeal (get it set-aside) within 3 months of the order.

Q. Can I bring some facts to the judge and get my maintenance reduced? 
A. Yes. 
1) If the wife is working, then the amount can be quite less.
2) If the wife owns a property, the amount can further be reduced (Section 25(1) of HMA). 
3) Your other liabilities: house rent, medical bills for the amount spent on the treatment of your parents, liabilities towards sister(s), loan payments, provident fund, tax, etc. 
4) Adultery or remarriage (Section 25(3) of HMA and Section 125(3) of CrPC) will lead to cancellation of maintenance. 
5) Without any sufficient reason, the wife refuses to live with her husband (Section 125(4) of CrPC) . Use your wife's failure to comply with RCR.
6) Both are living seperately by mutual consent (Section 125(4) of CrPC

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Client,

Law is clear in this regard, wife is entitled to maintenance from the date of application not from the date of order.

Better challenge order of grant of maintenance but 2k is very less amount, HC can increase the maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You are required to meet in person and definitely a solution of getting rid of the problem will be find out. Until the complete facts are available it is difficult to suggest. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the court has passed an order for the said amount and you feel that it will not be possible for you to pay the same, you may approach  appellate court with an appeal against the aggrieved judgment seeking to revise or dismiss the maintenance petition for the reasons what you have stated here or you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear 

It depends on the order of court. If the court has granted maintenance from the date of filing of case then you have to give maintenance for two years or you can file an appeal in high court against the order of family court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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