1. Yes
2. Yes, you can for which you need to file modification petition
3. At least half of it
4. Yes but on condition of part payment of arrears maintenance
5. Chances are not much.
Hi, My wife along with children started living separately since Jan 2019. Jan 2021 She sent my lawyer notice for maintenance Rs 50000 to her and Rs 30000 each child of two children's. We replied to her notice that we are ready to bring her back. Feb 2021,i filed RCR. June 2021,she file DV against me and parents. Feb 2025,district court has ordered D. V interim maintenance.10,000Rs to each child of two children's and no maintenance / zero maintenance to wife. I have twins children's 1 son and 1 daughter, 7 years old. I am from Pune, wife and children's also stay in Pune at separate residence. My gross income 1,45,000 Per month, in hand 1,05,000 Rs. Her income 49000 Rs at time of filing income affidavit in 2021.After that she changed her job but not updated to court. I submitted her gross income 14 L per anim got by RTI from IT department. But, court not considered this. Court ordered maintenance on 13 th Feb based on my gross income Rs 145000 per month, not considered my in hand salary 1,05,000.And court considered my wifes last company salary 49000Rs, not latest income 14L I have only 5 days to file appeal in session court as 30 days since interim maintenance order is expiring o 12th March My questions: 1 Does 10,000 Rs maintenance for 7 year child living in Pune is reasonable ? 2 Should I appeal to session court to consider my in hand salary and wifes latest income 14L 3 Maintenance arrears are 9L.if I go for appeal in session court, how much % arrears I will have to pay? 4 By appeal to session court can I get stay for interim maintenance? 5 with appeal to session court, how much maintenance would reduce and how much chances?
One more information. Me and my wife has bought a property 2 bhi flat in 2015.2016 to 2018 she paid monthly half emi. Since 2019 , I am paying whole emi Rs 48460 alone.
1. Yes
2. Yes, you can for which you need to file modification petition
3. At least half of it
4. Yes but on condition of part payment of arrears maintenance
5. Chances are not much.
It is reasonable
2) no need to file appeal
3) you have to pay full arrears
4) you can try but chances are bleak
Dear Client,
Your query raises many pertinent questions. The amount of Rs. 10,000 per month for maintenance of each child may be roughly considered the base interim amount in Pune. But you could say that it may not sufficiently cover all expenses concerning education, healthcare, and general living expenditures of the child. If a meticulous analysis of the child's needs has to be propounded, you could expect a revision for it. It might be better to file an appeal keeping in mind that your actual in-hand salary is Rs. 1,05,000 and also bring your wife's current income of Rs. 14 lakhs per annum for the recalculation of maintenance. The revised liability with reference to an arrears of Rs. 9L will depend on what the court calculates the monthly maintenance to be, as there is no preordained percentage for arrears and it all pertains to the fresh order covering the span from the judgment through to the resolution of appeal. You may also seek a stay on the interim maintenance order until the appeal applies. This will be dependent wholly on the direction of the court. However, the amount reduction or increases will be predicated on your proof of actual income and outgoings, bearing in mind the position of your wife that the court judges. You may consult a family lawyer who will give your case a thorough assessment and with whom you will prepare the best appeal to put to the court.
I hope this helps. Feel free to inquire for any further legal query.
1. The maintenance grant is awarded to your children alone and not to your wife and that too , it is a reasonable amount.
2. Preferring an appeal against the interim maintenance is your decision, however please note that you can file only a revision before high court on this. Interim maintenance orders are interlocutory in nature and are only for a period of time hence an appeal may not be maintainable
3. You can file a revision petition in the high court if you believe the amount ordered is unjustified for the reasons you rely upon
4. In the event of you filing a revision petition you would be asked to deposit 50% of the arrears amount to grant stay.
5. Cannot be predicted because it is not known that on what grounds are you preferring this appeal.
If the property is purchased on both the names, then it is considered as joint property, however this may not be of any use to reduce the maintenance amount.
1. Yes, as per standard of living this amount is sufficient.
2. Yes, if she is getting 14 L then you can appeal against that interim order after submitting proof of her said income
- As per law , both parents are under obligation to pay maintenance to the child.
3. One year arrears
4. No,
5. No chances as per your income
1️⃣ Is ₹10,000 per child reasonable in Pune?
2️⃣ Should you appeal to the Session Court?
3️⃣ How much arrears will you have to pay if you appeal?
4️⃣ Can you get a stay on interim maintenance?
5️⃣ Expected Reduction & Chances of Success?
✔ File an appeal before March 12 (30-day deadline).
✔ Attach RTI proof of wife’s ₹14L income.
✔ Request a stay on arrears & seek reduction in maintenance.
✔ If rejected, approach the High Court for further relief.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
Dear Sir,
It is suggested that you bring all these facts in the knowledge of appellate court and be sure that the court may ask for 50% of deposite of the amount. If satisfied, the court may reduce the amount too. But, also do consider that there is no maintenace for her and the court may ask you to be generous for the children. Also, take the ground of EMI of flat as your reduction in take home income.
Filing of RCR is not good being wastage of time.
1. Yes, very reasonable but maintenance shall be borne equally by the parties.
2. No unless the same is pleaded in trial court. File application for modification.
3. Minimum 50%. Not good for appeal.
4. Yes it may be.
5. It depends upon merit and representation of case. Ultimately decision of court matters.
Ask your wife to share EMI or to surrender/relinquish her right in flat.