Crpc125 interim maintenance - magistrate asking husband

Page no : 2

Sachin (N.A) 04 August 2017

Originally posted by : Ravi
	ok thank you sir. but what u mean by this.. "She can ask the court for execution of that settlement deed and not more than that.?

It means in the absence of this settlement deed quantum of amount is depend upon the discretion of the court but if you do it mutually quantum of maintenance amount is decided by both of you means with consent of your wife so court cannot enhance that amount.

Ravi (a) 07 August 2017

most likely, we will go on merit in interim application -

from husband side, can i produce the following document in the interim argument like?

1. LIC policies

2. Medical policies

these are treated as liabilities or investiments?

from wife, i am going to produce the

1. past history of her job (the RTI received from her past school)

2. her current job details (have photographs inside the school)

3. her movable property - scooter (have RTO RTI reply)

4. she didnt mention her education background in the petition, which is a material fact. Can i produce the copies of her education background like 10th, +3 and degree certificates and various institutional certificates?

5. Not revealing the educational qualification by wife is liable to be punished?

Adv Radhika Mehta (Advocate) 09 August 2017

1. You and even your wife can move the Court at anytime seeking modification of the Interim maintenance amount, whether passed by consent or by order.

2. the payment made by you towards LIC premiums and policies shall be considered by the Court as your outgoing expenses.

3. There are several judgements available which mention that a person must come before the Hon'ble Court with clean hands and that Justice is a discretionary and equitable relief. Adverse inference has to be drawn against wilful failure to disclose facts which are within her knowledge.

Adv Radhika Mehta (Advocate) 09 August 2017

Originally posted by : Ravi

thank you Sachin sir.

in the counter, we filed all points including the amount of net salary after loan deductions and the salary she receives from her school as teacher. i have proofs to show but i am little scared as posted in the below queries.

1. I have VPF as deduction (to decrease the take home salary), will court consider this VPF deduction if i produce my payslip to decrease the maintenance amount?

As stated by me hereinabove, only statutory deductions are to be considered.

2. how much maintenance is decided in interim application? 1/6th or 1/3rd

There is no such fixed formula. Maintenance is arrived at after considering the status of the parties, standard of living, the liabilities and responsibilities.

3. she suppressed the fact in interim that she worked in some school and currently working in another school. i have proofs to show via RTI replies/photos. will court consider this?

The Court definately has to consider the same and also consider her conduct of not disclosing the same.

4. we also have proofs to show her mother got commerical property, will it help in the case? since my wife is the only daughter to her mother.

Properties owned by parents' of the wife are immaterial and not to be considered at the time of deciding maintenance.

5. can we show the proofs of 24HMA amount paid at the time when they filed this interim application?

yes you can.

6. even if we go mutual consent, will i have an option to goto high court for revision appeal?

no. if you are agreeing to it, how can you challenge it later on?

Please clarify these.