• Maintenance and appeal on maintenance crpc125

Hi, I am Prakash from Andhra Pradesh, my wife filed for divorce in 2018 and she has filed 498a and forwarded that case to police station since police not taken the case. Again in 2019 June 27th she tile for maintenance and court grant order favouring my wife (one side judgement) 15000, she has not showed any source of income proving that I am earning still she has got that much maintenance, now please tell me whether if I go for appeal and able to reduce my maintenance and when can she claim and what is period for appeal.
Here In my town court they wantedly delaying certified copies stating Xerox mechine is not working, please advise what my wife can do by delaying to file for appeal and stay. Because I really can't pay that much maintenance as I don't have proper source of income to give much and before judgement day I have tried for written arguments,but judge not accepted and he completely supported wife. There are rumors that the judge is corrupted, even though one day when I attended court one lawyer was directly blaming in the court hall that you do partiality to some lawyers.
Please advise this is the situation of the court in hindupur,Andhra Pradesh..every one are corrupted there, that I what I observed.
That is my wife's place so, they are influencing lawyers there
Asked 6 years ago in Family Law
Religion: Hindu

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11 Answers

Dear Sir,

Well, at this stage, you should file an application under section 126(2) of the crpc for

setting aside his ex-parte order. It is a rule that when the magistrate decides the alimony u/s 125, he should take evidence in the presence of the husband. Consequently, the ex-parte order is liable to be set aside because no evidence has recorded in your presence. You have three months limitation period to file such 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
4951 Answers
27 Consultations

1) what is income declared in your income tax returns?

 

2) file writ in HC  against said order  of maintenance 

 

3) generally courts award one fourth of your net income as maintenance 

 

4) i presume you have applied for certified copy of interim maintenance order 

 

5) on receipt of certified copy you can file appeal 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File application to set aside ex parte order and contest the maintenance petition. Still court granted same amount than can file appeal.

OK it is not ex parte order but order favoring wife even after your contest. Until certified copy of order not delivered to you, no amount payable and as it comes file appeal. But apply for certified copy without delay. Limitation will start from date of copy received.

Limitation 30 days.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi

1. File an application for transfer of court.

2. File appeal. Maintenance amount will be reduced.

3. If possible go for mutual consent divorce petition, you have to convince your wife for that.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. you can challenge the amount of the interim maintenance in the High Court,

2. the time taken for the preparation of the certified copies of the document will be deducted from the limitation time,

3. keep an acknowledgment or diary no. of the nakal form,

4. you can file an transfer petition to transfer the case 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You need to contest the said maintenance application and prove that she doesn't deserve the same by filing grounds like her income, capability to work etc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Why did you leave the case to become exparte?

Did you not participate in the case for maintenance filed against you?

You can file a set aside petition  instead of planning to prefer an appeal since this is an exparte decision against you, hence you may seek to set aside the orders passed in your absence.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Appear before the concern court and file revision against that exparte order before sessions court and hopefully the order will be set aside however in between you collect evidence pertaining to d educational qualification of ur wife and proof of job if any. Consult local family lawyer in this regard.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You should file appeal against the order of family court in High court.

2. Don't wait for copy of orders if they are not providing certified copies file appeal without copy of order and attach an application with complaint against copying staff.

3. This order must be interim order till pendency of suit, some judges of family court favour females but you cannot say that a judge is corrupt.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. In a maintenance proceeding wife does not have to prove the income of her husband.

2. The order of maintenance can be successfully challenged if it is proved that court below has not properly computed the liabilities of husband which are to be factored in.

3. Don't go by rumors.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi

Assuming that, you might have applied for certified copy of the said order, if not, do it immediately.

You can file appeal against the said order in High Court.

Further, courts will take into account, the net income of the husband and on that, around 25% will be awarded to the wife as maintenance.

In the above scenario, if you are an IT Assesse, your IT returns and pay slips alongwith your liabilities will come to your rescue in getting the same decreased.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

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