Not happy with court verdict on dowry case
Hello, my sister was deserted after 6 months into marriage and the husband did not even turn up to see the child born out of their wedlock. We spend nearly 25 lakhs towards dowry, wedding expenses and now the court has ordered only RS. 6000 per month for the kid till he attains majority without even considering the inflation rate. Can you please advise what options we have now ?
Asked 1 year ago in Family Law from BangLore, Karnatka
The amount of maintenance differs wIth the income of husband. The wife is entitled to 1/3 to 1/5 income of husband.
So if you have proof of more income of the husband then your sister can claim for increased maintenance for which she will have to file a Revision in the sessions or high court challenging the order of lower court granting RS.6000/- pm.
So ask your lawyer to file Revision fast.
1) what is the husband income ?
2) is your sister working ?
3) it is necessary to peruse order passed by the court as to the basis on which rs 6000 has been ordered
4) you are at liberty to challenge the order of maintenance passed by trial court
What about the maintenance to your sister?, Is she employed and earning a good salary due to which the court rejected her application for maintenance?
If the maintenance amount awarded for the child is very less, you may prefer a revision before the higher court against the order t enhance the same on the grounds pleaded by you in the lower court.
You may also file an enhancement petition at a later stage in the same court quoting the inflation and other practical reasons.
1. Any order of the lower court which you are not satisfied with can be, subject to the available legal recourse, challenged in a higher court.
2. The only option available to your sister is to challenge in a higher court the order of maintenance to seek enhancement thereof.
3. The amount of maintenance to be fixed by the court has to be reasonable and pragmatic which can serve the real purpose of the law of maintenance.
1. You can appeal against the said order before the appellate Court,
2. The basis for allowing maintenance is not how much you have spent during the marriage but how much is his net earning.
You may appeal to the higher court.