LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bharat Bhushan (advocate)     14 April 2010

maintence amt beyond the capicity

A got married with B in 1986, C a daughter born in 1987 due to there weedlock. In 1988 B a wife left her husband house along with daughter and settle in her parental home and never returned to husband house. A visited B house to take his wife back but meet with some qurrel anf fight with her brother.

In 1992 husband filed a divorce suit an d get ex-parte decree. In 1994 he did second marriage and living happily.

In 2007 daughter filed a suit of maintaince u/s125 in CJM court and claimed that his father is earning 25,000 p/m, the ld court awarded Rs 3000 p/m along with arrear from the date of  filing suit without going to the matter of the fact of the income of the father. However the father stated in his W/S that his income is not more than 4000 p/m

Appellate father filed REvision petition before ADJ where 3000p/m remaim the except the aforsaid arrear.

The matter of fact is that the father income is not more than 5,000 p/m as filed in  IT return. This is also a fact.

But the lawyer of the father did not filed his ITR which shows the proof of the income neither in trail court nor in revision court. Now he wants to move in HC. Will he will get respite from the HC. 



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     14 April 2010

File a review petition before the ADJ along with the IT proof and seek prayer to revise the maintenance order.

Alok Motan (Advocate)     15 April 2010

file your salary certificate and ur income tax return.....

Anjali (IT)     15 April 2010

Daughter filed maintenance after 19 years ? why there is no time limit for filing such case ? this is totally unfair to the father. The mother stayed away from him for 20 years and suddenly comes up with case against the father.

shrikant chede (law officer)     15 April 2010

Unfortunately there is no time limit to file  suit for maintainance under sec 125  of cr.p.c


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register