• CRPC 125 Maintenance - Appeal in High Court?

Hello All,
In my CRPC 125 Maintenance Case, wife has been awarded 40,000rs per month. Court has not taken into consideration, admitted fact by wife (in her notice towards me) that she is well qualified (MTech) and has worked in 3 companies and she has quit job on her own will. Order was passed on 7th September 2019, but I got a copy only on 19th September 2019.
 
Is there a time limit to file appeal against the order? Should it be filed in the same court or in high court?
Does the time limit start, when court passed the order or when I got a copy of the order?
Court has observed that I have not provided evidence for wife's education and work experience. Is there a way I can ask for these documents through court?
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

A criminal revision should be filed against this order in the district court. If that appeal fails too then go to the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

You can file revision in sessions oust against interim maintenance amount awarded by trial court 

 

2) period of limitation starts from receipt of certified copy of order 

 

3) limitation period would be 90 days 

 

4) rely upon wife admission in her notice that she is highly qualified and has worked in past 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

In high court within 30 days from date you receive the copy of the order. You can file application under 91 crpc to produce the same or get it from RTI

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

Appeal will file within 60 days. It will file before session/district judge. From the date of copy received but in your case it may start from 14th.

What is the need of evidence, court finding is erroneous, she herself has admitted in notice, relevant proof of her education and earning capacity.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

If the magistrate awarded then appeal lies in sessions court.

Appeal time limitation  is 30 days ,but you can condone the delay if any by citing reasons.

 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Hello, 

  1. The time starts from the date of  your obtaining the certified copy of the order. You generally have 30 days to appeal. 
  2. Whether it will lie to High Court will be on basis of which court entertained the application for maintenance. If it was in a Magistrate court, the Appeal will lie in the District and Sessions Court.
  3. You cannot now ask the court to compel her to produce documents. This you should have done at the time of trial. If you have submitted the notice you mentioned, you can rely on it during appeal. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Sir rivision against maintenance order has to be filed if awarded by magistrate court. The period of limitation is of 90 days .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Limitation period for Filing Appeal against the order is 30 days from calculated from the date of receipt of Certified Copies of the order. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

It will be filed in the HC.

time limit starts from the date of obtaining the certified copy.

at this stage you can not ask for documents.

 

regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. You have 3 months time to file Revision before the high court.

2. If her qualification is proved in trial court ad there is no divisibility of your wife as well then grant of such hefty maintenance is without the basis of law and hence requires to be modified or set aside by the higher court.

3. The time starts fro the date of delivery of certified copy once it is ready from the date of application for it. the time before and after it is counted within 3 months. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You can challenge the said order within 30 days from date of order.

You  can omit the time taken for obtaining Certified Copy of the order in counting the said 30 days i.e., date of filing of your application till it is made  ready and obtained by you from court.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can appeal against the Maintenance order in the HIgh court. Which ever evidences were not considered/submitted in High court, can be used in High court. You should file the appeal against maintenance order within 30 days from the date of receipt of order. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. The sound academic qualifications of wife, her employment history and that she quit the job on her own are not grounds to defeat the right of wife to seek maintenance from her husband as law mandates that wife should be self sufficient in present and not past to incur disqualification to seek maintenance.

2. Your query does not state whether maintenance granted to her is interim or case has been finally decided. Hence, I cannot answer the question of limitation to assail the order.

3. Documents not on record in the trial court cannot be brought on record in the higher court except with the leave of the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

You can only appeal if you have proper legal grounds – for example, if you can show that the decision was wrong because of a serious mistake or because the procedure was not followed properly.

The appeal before the District court from any decree or judgment passed by the subordinate court shall be made within 90 days from the date of the decree or the order but if the appeal is filed within 30 days before the District Court which has passed the decree or the judgment.

 

Please refer the following judgment:

Working woman not 'entitled' to maintenance from husband over this issue, rules Mumbai court

A man does not need to provide maintenance to his wife if she has her own means of living, a Sessions court has ruled in Mumbai. According to a report by DNA, the Sessions court passed this order while deciding on an appeal filed by a husband against the orders of a Magistrate court. The Magistrate court had asked the man to pay an interim maintenance amount to his wife. The Session court, however, ruled that in a case where the wife is having her own means of living, there is no requirement to provide her with an interim maintenance. 

The appeal in the Sessions court was filed by a 35-year-old Nallasopara-based man against his estranged wife. The man had appealed against the orders passed by the Vikhroli Metropolitan magistrate court, which had ruled in favour of his wife.

“It appears from the salary certificate of the wife that she is drawing a salary of Rs 17,000 to Rs 18,000 per month. This fact is not taken into consideration by the Additional Chief Metropolitan Magistrate while granting the interim maintenance of Rs 6,000 to the wife. Prima facie record shows she is having means of living, therefore, she is not entitled for the interim maintenance,” the Sessions court order said. 

Before the magistrate court, the woman had filed a case of domestic violence against her husband under section 23 of the Domestic Violence Act. 

Section 23 of the Domestic violence Act says if the magistrate is satisfied that an application prima facie shows the man is committing, or has committed an act of domestic violence or that there is a likelihood that he may commit an act of domestic violence, then the Magistrate may grant an ex parte order against the man.

After considering the application, the Magistrate had asked the man to pay maintenance amount of Rs 6,000 towards his wife and Rs 2000 towards his two children individually. The order was overruled by the Sessions court. 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The court has looked into the circumstances under which your wife is forced to live separately and her needs, while awarding this amount. If you or your advocate have not provided sufficient evidence at the time of hearing of this application, then even in the appeal before the High Court your chances of obtaining a reversal of this amount are very slim.

In order to prefer an appeal against this order, the court will count the days from the date when the copy application was filed by you, when the copy was ordered to be ready and delivered to you and finally when you have received the application to determine if the appeal is in time or not.

In an appeal you cannot ask the court to obtain these documents, it is your onus and duly to assist the court to determine the petition with documents that you provide and not direct the court to obtain these documents before deciding the merits of her petition. The documents which ought to have been submitted are easily available without seeking assistance from the court to obtain these. A little effort from you and your advocate could have helped your cause.

Before appealing let this panellists know if you wish to continue with this marriage or either one of you wish to seek divorce. If that is the case, then suggestions could vary and might eventually benefit both of you. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Dear Sir,

The Order of the court can be definitely challenged within a period of 60 days before High court and in the meanwhile you may file File application under section 91 of CRPC seeking furnishing of proposed documents from your wife.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Hi 

The time limit for filing a  revision is 30 days from date of you obtaining the order i.e 30 days from 19 september.

Please note that you can only file a revision petition challenging the order passed u/s125 Cr.P.C and there is no concept of appeal in orders passed u/s125 Cr.p.c

You should file the revision in the High court as you are challenging the Order passed in 125 Cr.p.c PETITION. 

Once you file the revision at High court, the trial court records will be transferred to High court automatically. 

if you wish, you can also obtain certified copies of the admission made by the wife vide her notices issued to you. 

It is highly surprising that the judge did not take cognizance of the fact that your wife herself has admitted to her MTech qualification and previous work experience and hence no fresh evidence is required from you in this matter. 

If the order is based on you have NOT providing evidence for wife's education and work experience, you should challenge the order of maintenance passed by the judge at High court. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You should file the appeal in High court.

The time for appeal is 30 days from the date of order or recieving of certified copy of order.

yes you can make application for production of documents under section 91 CrPC. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If this maintenance case was disposed by family court then you may have to prefer appeal before high court and the limitation period for filing appeal before high court is three months from the date of receipt of certified copies of the order.

You should have obtained the copies of her educational qualification through court during the trial proceedings and not during the time of appeal.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Stop payign rent if you have not admitted in court to pay regularly. Challenge the interim order. She is entitle to only what court ordered, no extra payment.

Interim order is only 40k, nothing more. Stop paying rent, agreement will expire.

Can apply for divorce - no repercussion.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

The divorce petition should be filed as thwre is no use living with her. Maintenance includes everything. You dont have to pay any rent especially after she is living with you and has filed for maintenance. Terminate your lease agreement with the landlord and go ahead with the revision.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

See you have to pay only the maintenance amount awarded you don't have to pay any rent as it is.not separately mentioned in the order.

Yes you can file divorce on grounds such cruelty you can contest the maintenance part see husband file or wife file maintenance can be asked in both situations equally.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If court doesn't specify then don't pay rent. It will not include rent. But you need to pay rge arrears. 

Yes you can file contested divorce from your side. 

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

if rent not mention in court granted order then you are not liable to pay rent. Only you have to pay interim maintenance .

You can file divorce on ground of creulty .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file for divorce on grounds of mental cruelty 

 

2) in divorce case wife  can claim interim maintenance 

 

3) family court would consider maintenance already awarded to wife under section 125 cr pc 

 

4) you are at liberty to terminate rent agreement 

 

5) it should be your case that interim maintenance includes rent 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You refuse to pay the rent  since there is no mention in the order directing yo to pay the rental amount which she demands now.

If you want to file a divorce case then  you can proceed as per your proposal.

You dont believe the rumours that you may have to pay high maintenance if you opt for filing divorce.

Divorce case is different to that of the maintenance case, even otherwise if she files a maintenance case you may have to give her as per court orders, so this has no impact over the other.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

Yes, it is include rent. It is better to go for divorce.

Interim maintenance, otherwise referred to as maintenance pending suit, is a monthly sum of money which is payable by one spouse or civil partner to the other. Maintenance payments can either be agreed between the parties themselves or ordered by a court following an application.

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

Yes it will include rent also as she have not made application for claiming rent along with interim maintenance.

You can go ahead with divorce case it doesnt have anything to do with maintenance amount. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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