• Revision of HMA 24 in same lower court

I filed divorce on grounds if cruelty in Family Court. My wife filed hma24 petition. She was working before divorce proceedings, but left job after i applied for Divorce.
Court granted 15000 p.m with 20months arrears. After Court Order I came to know wife is working from past 8months. 
Can i apply for maintenance revision in same court before going to HC?

Since wife did not disclose her working status, and got maintenance by showing jobless, can court take any serious action?
Asked 4 years ago in Civil Law

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16 Answers

You may file an appeal before the High Court of Telangana and get the amount set aside or reduced in your favour..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file application for perjury against wife in trial court for having made false statements on oath and for suppression of material facts 

 

file writ petition  against maintenance order before HC 

 

you cannot apply in same court for revision of maintenance 

Ajay Sethi
Advocate, Mumbai
94710 Answers
7529 Consultations

5.0 on 5.0

1. revision is not maintainable,

2. you can approach the High Court by way of filing a writ petition challenging the maintenance amount and can apply to set aside the same,

3. you can file an application in the trial court under section 340 CrPC for taking action against your wife for submitting the false statement,

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Yes

You can file a review petition before the same court which passed the maintenance order

It is not revision but review

Review is when the party comes to know about something new in the matter which he was not able to point out at the time of hearing and which happened subsequent to the passing of the order

So you can go for review cum recall application 

Revision comes in appellate jurisdiction

Yusuf Rampurawala
Advocate, Mumbai
7510 Answers
79 Consultations

5.0 on 5.0

Challenge the said order before the high court and Seek stay on the lower court order. 

2. Also file an application of perjury before the lower court if wife has filed false Affidavit before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can file an application in the court for modification of the order on the ground that your wife has concealed her working status and obtained the order through fraud.

2. Court can prosecute her for perjury if she has lied on oath.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ans: You can move the High Court, for revision of the maintenance amount granted in her favour.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Dear Querist

if you have evidence that she is working and earning, than you may file an application under section 151 of CPC before the Court who granted the maintenance and pray for cancellation of the order based on her employment and also pray for initiation of proceedings under section 340 of Cr.P.C. for the offence of perjury.

 

if you have no evidence and only the information than you may file an application before the Court under section 106 of Evidence act read with section 151 of CPC and pray for submitting bank statement, income tax return and other particulars related to her. in the support of your application you may annexed a judgment of Delhi High Court namely Kusum Sharma vs mahindra Sharma  

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 29th May, 2017

+ FAO 369/1996 & CM 15083/2014

KUSUM SHARMA ..... Appellant

Through: None.

versus

MAHINDER KUMAR SHARMA ..... Respondent

Through: Mr. Rahul Sharma, Ms. Jyoti Dutt

Sharma, Mr. C.K. Bhatt, Advocates.

Mr. Sunil Mittal, Senior Advocate as

amicus curiae with Mr. Dhruv Grover,

Advocate.

Ms. Anu Narula, Advocate as amicus

curiae.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

JUDGMENT (ORAL)

1. Vide order dated 14th January, 2015, this Court formulated the affidavit of assets, income and expenditure to be filed by both the parties in matrimonial cases. This Court had directed the Courts below to send their response to the working of the guidelines as well as their suggestions.

2. The Family Courts have sent their response as well as suggestions with respect to the affidavit of assets, income and expenditure. Mr. Sunil Mittal and Ms. Anu Narula, learned amici curiae have also given valuable suggestions.

3. Upon careful consideration of the suggestions received from the Family Courts and the learned amici curiae, the format of the affidavit of assets, income and expenditure attached as Annexure 'A' to the order dated 14th January, 2015 is modified. The modified format of the assets, income and expenditure is Annexure A1 to this order.

4. Clause 19.4 of the order dated 14th January, 2015 is modified to the extent that the affidavit of assets, income and expenditure of the parties shall be in the format attached hereto as Annexure A1.

5. Clause 19.20 of the order dated 14th January, 2015 is modified to the extent that the procedure laid down in the order dated 14th January, 2015 shall also apply to cases under the Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.

6. Clauses 19.2 and 19.5 of the order dated 14th January, 2015 are clarified to the extent that the Family Courts and other Courts dealing with cases under Hindu Marriage Act, 1955; Protection of Women from Domestic Violence Act, 2005; Section 125 Cr.P.C; Hindu Adoption and Maintenance Act, 1956; Special Marriage Act, 1954; Indian Divorce Act, 1869; Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 shall incorporate the following endorsement in bold letters on the notice/summons to be issued to the respondent :-

"Note :-

The respondent is directed to file the affidavit of his assets, income and expenditure along with the documents within 30 days of the receipt of the notice. The affidavit shall be in format of Annexure A1 which can be downloaded from the following website: - ____________ (Give the link of website of District Courts/Family Courts)."

7. Clause 19.10 of the order dated 14th January, 2015 is modified to the extent that the wife seeking divorce but not claiming maintenance, may seek exemption from filing the affidavit along with the divorce petition. However, this does not preclude the Court from directing the parties to file the affidavit at a later stage of the proceedings.

8. Clause 19.17 of the order dated 14th January, 2015 is clarified to the extent that the interim litigation expenses being directed by the Family Courts at the stage of issuing notice, does not preclude the respondent from seeking further litigation expenses incurred by the respondent and the Courts shall consider the respondent's claim for litigation expenses and pass an appropriate order on the merits of each case.

9. Annexure A1 i.e. modified format of affidavit of assets, income and expenditure be implemented w.e.f. 16th August, 2017. Annexure A1 i.e. the modified format of affidavit of assets, income and expenditure along with its Hindi translation be uploaded on the website of the District Courts/Family Courts by 1st August, 2017 to enable the lawyers and litigants to download the same. The Family Courts shall display Annexure A1 on their Notice board by 1st August, 2017 along with a notice that the affidavit of assets, income and expenditure in terms of the order dated 14th January, 2015 has to be in the format of Annexure A1 w.e.f. 16th August, 2017.

10. The Registrar General shall ensure that the Family Courts display Annexure A1 with its Hindi translation on their notice boards and the same is uploaded on the website of District Courts/Family Courts by 1st August, 2017; and the note mentioned in para 6 above is incorporated in the format of the notice/summons with the link of the website duly filled up.

11. List for reporting compliance on 13th September, 2017.

12. This Court appreciates the valuable assistance rendered by Mr. Sunil Mittal, Senior Advocate and Ms. Anu Narula, Advocate as amici curiae.

13. Copy of this judgment be sent to the Registrar General who shall circulate it to all the District Judges and Family Courts along with Annexure A1 i.e. modified format of the assets, income and expenditure and its Hindi translation.

14. Copy of this judgment along with the Annexure A1 be given dasti under the signatures of the Court Master to learned amici curiae.

MAY 29, 2017 J.R. MIDHA, J.

dk ANNEXURE - A1 (FORMAT OF AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE TO BE FILED BY THE BOTH PARTIES) AFFIDAVIT I _______________________, son of / wife of ___________________, aged about ____ years, resident of ___________________________, do hereby solemnly declare and affirm as under:

PART - I PERSONAL INFORMATION RELATING TO THE DEPONENT S.No. Description Particulars

1. Name

2. Age

3. Residential Address

4. E-mail Address

5. Date of marriage

6. Date of separation

7. Educational qualifications

8. Professional qualifications

9. Occupation

10. Monthly income (as mentioned at serial no.45)

11. Monthly expenditure (as mentioned at serial no.60)

12. Whether you are assessed to Income Tax?

13. Whether you have sufficient income to support yourself?

14. If not, whether you have claimed maintenance from your spouse? If so, how much?

15. Whether you are staying at matrimonial home?

16. If not staying at matrimonial home, relationship and income of the person with whom you are staying.

17. Members of the family:

(a) Dependent

(b) Non-dependent

18. Whether your spouse has claimed maintenance from you? If so, how much?

19. Whether you have voluntarily paid or willing to pay maintenance to your spouse? If so, how much?

20. Whether you are willing to pay litigation expenses to your spouse? If so, how much?

21. Particulars of pending litigation between the parties

22. Whether any maintenance order has been passed by any Court? If so, give particulars and attach copy of the order?

23. Whether the maintenance is being paid in terms of the aforesaid order? If so, file the statement of maintenance paid upto date

24. Expenses incurred on this litigation

25. Particulars of the bank account with name and address of the bank for the purpose of payment from or receipt of maintenance, as the case may be

26. Name of your counsel and his/her mobile number and e-mail address PART - II RELEVANT INFORMATION RELATING TO THE SPOUSE

27. Educational and professional qualifications of your spouse

28. Whether your spouse was/is earning? If so, give particulars of the occupation and income of your spouse.

29. Whether your spouse is staying at matrimonial home. If not, whether he/she is staying at his/her own accommodation or at a rented accommodation? If staying at a rented accommodation, what is the rent being paid by him/her?

30. Particulars of the assets and liabilities of your spouse

31. Do you have any documents relating to the income, assets and expenditure of your spouse? If so, give the particulars and attach copies thereof?

PART - III RELEVANT INFORMATION RELATING TO THE CHILDREN

32. Children from the marriage with their name and age

33. Who has the custody of the minor children

34. Name and address of school(s) where the children are studying

35. Who is bearing the expenditure of Children's education

36. How much expenditure has been incurred on the children's maintenance and children's education from the date of separation till now?

37. If the children are in custody of your spouse, whether you have voluntarily paid or willing to pay the expenses for the children's maintenance and education? If so, how much?

38. Details of expenditure on children Amount (in Rs.)

(i) School/College fees

(ii) Crech/Day Care/After school care

(iii) Books/Stationery

(iv) Private Tuitions

(v) Pocket Money/Allowances

(vi) Sports

(vii) Outings/summer camps/vacations

(viii) Entertainment

(ix) Others

39. TOTAL EXPENDITURE (Give monthly expenditure) PART-IV STATEMENT OF INCOME S.No Description Particulars

40. In case of salaried persons:

(i) Designation

(ii) Name and address of the employer

(iii) Date of employment

(iv) Gross Income including the salary, D.A., commissions/incentives, bonus, perks etc.

(v) Perquisites and other benefits provided by the employer including accommodation, cars/other automotive, sweeper, gardener, watchman or personal attendant, gas, electricity, water, interest free or concessional loans, holiday expenses, free or concessional travel, free meals, free education, gifts, vouchers, etc. credit card expenses, club expenses, use of movable assets by employees, transfer of assets to employees, value of any other benefit/amenity/service/ privilege and the value of such perquisites and benefits

(vi) Deductions from the gross income

(vii) Income Tax paid

(viii) Net income

(ix) Value of stock option benefits if provided by the employer

(x) Pension and retirement benefits payable at the time of retirement

41. In case of self-employed persons:

(i) Nature of business/profession

(ii) Whether the business/profession is carried on as an individual, sole proprietorship concern, partnership concern, company or association of persons, HUF, joint family business or in any other form. Give particulars of your share in the business/ profession. In case of partnership, specify the share in the profit/losses of the partnership

(iii) Number of employees

(iv) Annual turnover/gross receipts

(v) Gross Profit

(vi) Net Income

(vii) Income Tax

(viii) Details and value of benefits in kind, perks or other remuneration e.g. provision of car, payment of accommodation etc

(ix) Amount of regular monthly withdrawal or drawings

42. In case the business/ profession is carried on as a Partnership Firm/Company:

(i) Registered/Corporate Office of the firm/company

(ii) Information and particulars with regard to your shareholding, involvement in the affairs and management of the firm/company

(iii) Director's/ Partner's remuneration :-

(a) Salary

(b) Interest

(c) Rent

(d) Commission

(e) Others

(iv) List of all the bank accounts of the firm/company

(v) Location of the statutory records and books of account of the firm/company

(vi) List of immovable assets, land and building etc. of the firm/company.

(vii) Number of workmen/employees

(viii) Current value of your business interest(s)

(ix) Current value of your business assets

(x) List of directorships held, sitting fees, commission or any other remuneration

(xi) Net worth of the company in which you are Director along with the number of shares held in the Company

43. Income from Other Sources:

(i) Agricultural Income

(ii) Rent

(iii) Interest on bank deposits and FDRs

(iv) Interest on investments including deposits, NSC, IVP, KVP, Post Office schemes, PPF, loans etc.

(v) Dividends

(vi) Mutual Funds

(vii) Annuities

(viii) Lease of machinery, plant or furniture

(ix) Sale of movable/ immovable assets

(x) Gifts

44. Any other income not covered above TOTAL INCOME

45. (Give monthly income) PART V STATEMENT OF EXPENDITURE S. No. Description Amount (in Rs.)

46. Housing (i) Monthly rent

(ii) Mortgage payment(s)

(iii) Repairs & Maintenance

(iv) Property tax

47. Household (i) Groceries/Food items/ expenditure Personal care/clothing

(ii) Water

(iii) Electricity

(iv) Gas

(v) Telephone/Mobile

(vi) TV Cable/Set-top Box charges & Internet services

(vii) Maintenance, replacement and repair of household items, appliances and kitchenware.

 (viii) Telephone

(ix) Domestic full

time/part time

helper(s)

(x) Others (specify)

48. Maintenance of (i) Parents

Dependents

(ii) Children (as mentioned at serial no.39)

(iii) Others

49. Transport (i) Private Transport

(a) Driver(s)

(b) Fuel

(c) Repair/Maintenance

(d) Insurance

(e) Loan repayment

(ii) Public Transport

(a) Bus

(b) Taxi

(c) Metro

(d) Auto

50. Medical expenditure (i) Doctor's Charges

(ii) Medication

(iii) Hospital

(iv) Other medical expenditure

(v) Others (specify)

51. Insurance (i) Life

(ii) Annuity

(iii) Householders

(iv) Medi-Claim

52. Entertainment (i) Club and recreation (ii) Health Club

(iii) Gym

53. Holiday and vacations

54. Gifts

55. Legal/litigation expenses

56. Discharge of (i) Credit card(s) payment Liabilities

(ii) Hire purchase/lease

(iii) Repayment of Loans

(a) House loan

(b) Car loan

(c) Personal loan

(d) Business loan

(e) Any other loan

(iv) Name of the lenders

(v) Mode of repayment

(vi) Installment amount

(vii)Other personal liabilities

57. Miscellaneous (i) Newspapers, magazines, books

(ii) Religious contributions/ Charities

(iii) Others (specify)

58. Pocket Money/Allowance

59. Other expenditure (Not specified above)

60. TOTAL EXPENDITURE (Give monthly expenditure) PART - VI STATEMENT OF ASSETS S. No. Assets List of Assets At the time of At the time of Present Present marriage Separation Estimated Market Value

61. Real Estate Including

(i) Land

(ii) Built up properties

(iii) Lease hold properties

(iv) Agricultural land

(v) Investment in real estate such as booking of plots, flats and other immovable properties in your name or in joint names.

(vi) Other properties Note 1. : - List your interest in properties, including lease hold interest and mortgages, whether or not you are registered as owner.

Note 2. : - Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition. (Record encumbrances under debts.)

62. Joint Properties

(i) Properties presented at or about the time of marriage, which belong jointly to both the husband and wife. Give the status of their possession.

(ii) Other joint properties of the parties. Give the status of their possession.

(iii) Whether any litigation pending with respect to the joint property? If so, give particulars.

63. Liquid Assets: Account Number Name of Bank Current Balance

(i) Details of all bank (i) accounts including Current, Savings (ii) and Demat Accounts in your (iii) name, or joint name and balance

(iv) in the said account

(ii) Cash in Hand

64. Investments Particulars Current Value

(i) Details of all investments you hold or, in which you have interest and their current value:

a) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.

b) Deposits with Government and Non-Government entities

c) Stocks, shares, debentures, bonds, units and mutual funds, etc.

d) Life and endowment policies and surrender value

e) Loan given to friends, relatives and others

f) Other investments not covered by above items

65. Pensions and Retirement Savings Particulars Maturity amount Plan Indicate name of institution where accounts are held, name and address of pension plan and pension details.

66. Corporate/Business Interests Particulars Current value List any interest you hold, directly or indirectly, in any corporation, unincorporated business, partnership, trust, joint venture and Association of Persons, Society etc.

67. Movable Assets Particulars Current value

(i) Motor Vehicles (List cars, motorcycles, scooters etc. along with their brand and registration number)

(ii) Livestock

(iii) Mobile phone(s)

(iv) Computer/Laptop

(v) Other electronic gadgets including I-pad etc.

(vi) TV, Fridge, Air Conditioner, Microwave, Washing machine, etc.

(vii) Other household and kitchen appliances

(viii)Quantity of gold, silver and diamond jewellery

(ix) Quantity of Silver Utensils

68. Intangible properties Including patents, trademark, copyright design and goodwill and their value

69. About disposal of properties Particulars Present Estimated market value Particulars of properties (movable as well as immovable) sold/agreed to be sold between the date of marriage till the date of filing of this affidavit and the sale consideration received from the purchaser

70. Others Particulars Estimated current value List anything else of value that you own, including precious metals, collections, works of art, jewellery or household items of high value. Include location of safety deposit lockers.

PART - VII STATEMENT OF LIABILITIES S. No. Description Particulars of Current Value Debts

71. Secured debt(s) List all mortgages, loans, and any other debts secured against an asset

72. Unsecured Debt(s) List all bank loans, personal loans, credits, overdrafts, credit cards and any other debts

73. Other List any other debts, including obligations that are relevant to a claim PART - VIII GENERAL INFORMATION RELATING TO THE STATUS, STANDARD OF LIVING AND LIFESTYLE S. No. Description Particulars

74. Particulars of residential accommodation where your are presently staying (in sq. feet)

75. Who is the owner of the residential accommodation? In case of rented accommodation, specify the monthly rent

76. Number of part-time/full time domestic helpers and their wages

77. Average monthly withdrawal from bank(s)

78. Mode of travel in city/outside city

79. Membership of clubs/health clubs/gyms, societies and other associations. Specify the membership fee and subscription

80. Particulars of credit/debit card(s), its limit and usage

81. Particulars of frequent flier cards

82. Frequency of foreign travel, business as well as personal

83. Category of hotels ordinarily used for stay, official as well as personal

84. Category of hospitals opted for medical treatment including type of rooms

85. Brand of vehicle, mobile and wrist watch, pen, sunglasses, wallet/bags.

86. Expenditure ordinarily incurred on family functions including birthday of the children

87. Expenditure ordinarily incurred on festivals

88. Expenditure incurred on marriage of family members

89. Status of the deponent and his/her family:

- High

- Upper Middle

- Middle

- Lower Middle

- Low

- Below poverty line PART - IX DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE PART A DOCUMENTS RELATING TO PERSONAL INFORMATION S. No. Description

1. Ration Card

2. Voter ID Card

3. Aadhar Card

4. Driving Licence

5. PAN Card

6. Passport PART B DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES S. No. Description Please Tick Attached Not Applicable To follow

7. Statement of Account of all bank accounts including current, savings and Demat accounts for last 3 years

8. Income Tax Return(s) along with Statement of Income and Annexures for last 3 years

9. In case of Salaried Persons

(i) Appointment letter along with salary structure at time of appointment.

(ii) Last Salary Slip

(iii) Forms 16, 16A, 12BA & 26AS

(iv) Cost to Company Certificate and CIBIL Certificate, wherever applicable

(v) Copies of TDS certificates

10. In case of self-employed persons

(i) Balance Sheet and Profit & Loss Account

(ii) Balance Sheet and Profit & Loss Account of the proprietorship firm, if the business is carried on in the name of a sole proprietorship concern

(iii) Balance Sheet and Profit & Loss Account of the partnership firm, if the deponent is a partner in a firm along with the Schedule showing the distribution of partners' remuneration and share of profits/losses of the partnership firm and the copy of the partnership deed

(iv) Balance Sheet and Profit & Loss Account of the Company in which the deponent is a Director

(v) Balance Sheet and Profit & Loss Account of the Association of Persons, HUF, Joint Family business or trust in which the deponent has share

(vi) Copy of account of the deponent in the books of the business

(vii) Copies of TDS certificates

11. In case of Income from other sources:

 (i) Lease Deed(s)/Rent

Agreement(s) /Licence

Agreement(s) in respect of the rental income

(ii) Interest Certificate in respect of the interest income on deposits and investments

(iii) Dividend Certificates in respect of dividend income

(iv) Demat holding Statement

(v) Sale Deed(s)/transfer documents in respect of the profit on sale of property/properties

12. Other relevant documents relating to Income/Assets

13. Other relevant documents relating to liabilities PART C DOCUMENTS RELATING TO EXPENDITURE

(i) Documents relating to the

14. expenditure on education of children including tuition fees

(ii) Rent and maintenance receipts

(iii) Electricity, water, security and gas bills

(iv) Documents relating to the salary paid to the employees including domestic helper(s)

(v) Documents relating to expenditure on conveyance

(vi) Debit and Credit Card statements of all cards

(vii) Frequent Flier's Card statements

(viii) Mobile and landline phone bills

(ix) Internet and TV cable/ Set -

Top Box bills

(x) Documents relating to the re-

payment of the loans

(xi) PPF, EPF and other superannuation fund receipts

(xii) Receipts of premium of insurance policies

(xiii) Receipts of payments in respect of mutual funds

(xiv) Documents relating to payment of interest on bank and other loans

(xv) Documents relating to the payment of taxes, including Income Tax and Property Tax (xvi) Other relevant documents relating to Expenditure Declaration:

1. I solemnly declare and affirm that I have made full and accurate voluntary disclosure of my income, expenditure, assets and liabilities from all sources. I further declare and affirm that I have no assets, income, expenditure and liabilities other than set out in this affidavit.

2. I undertake to inform this Court immediately upon any material change in my employment, assets, income, expenditure or any other information included in this affidavit.

3. I understand that any false statement made in this affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. I have read and understood Sections 191193 199 and 209 of the Indian Penal Code.

DEPONENT Verification:

Verified at ____________on this ____ day of ___________ that the contents of the above affidavit relating to my assets, income and expenditure are true to my knowledge, no part of it is false and nothing material has been concealed therefrom, whereas the contents of the above affidavit relating to the assets, income and expenditure of my spouse are based on information believed to be true. I further verify that the copies of the documents filed along with the affidavit are true copies of the originals.

DEPONENT

 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes you should file a criminal revision against the maintenance order as she obtained a favourable order by misleading the court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Hello,

Yes, you should immediately file an application for revision with relevant evidence to prove your claim.

 

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

Yes grant of interim maintenance passed by principal judge of family court can be challenged in High court. No need to file revision but same can be challenged by filing criminal writ petition in High Court.

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

Of the order is passed by the family court you can't challenge the samr before the said court. You need to challenge the same in hc

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Can file revision agasint the order.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

- For the misuse of law, by declaring completely incorrect facts and also by suppressing the material aspect, wife can be prosecuted for the offence of perjury, i.e., for submitting false information before the court.

- If, you are having certified proof that she is working , and she has given a wrong affidavit/information to the court , then you should move an application before the same court under section 340 of CrPc in the same court , and should pray thereby for lodging an FIR against the wife. 

- Further, you should move an application for set-aside the maintenance order as well.

- If you succeeded to prove that she has given a false information before the court , then her maintenance order will be finished. 

- Below judgement will help you in your case.  

Order passed by Justice Sonia Gokani of the high court on 20 October 2016 in the case of Sejalben Tejasbhai Chovatiya v. State of Gujarat [SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7666 of 2016].

- In this case, the petitioner wife had allegedly submitted false information in her maintenance case against her husband, concealing information about her income.

- On the basis of an application moved by the husband before the Family Court, Rajkot to take action against wife under sections 195 read with section 340 of the Code of Criminal Procedure (Cr.P.C.) committing an offence under sections 191, 192 and 193 of the Indian Penal Code, the Family Court recorded the evidence on both the sides and directed the Registrar of Family Court to file an application before the Pradyuman Nagar police station under sections 191,192 and 193 of the Indian Penal Code.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13214 Answers
198 Consultations

5.0 on 5.0

1. No you cannot file revision petition against order court in same court. 

2. You should file revision petition in high court. 

3. Yes her maintenance claim can be dismissed and court can initiate legal actions against your wife for giving false evidence in court.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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You can file a perjury case against her for lying before oath about her employment status in the divorce case trial proceedings.

You can file a memo to cancel the orders on the maintenance case for the reasons yo rely upon.

 

T Kalaiselvan
Advocate, Vellore
84911 Answers
2194 Consultations

5.0 on 5.0

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