RG (TEACHER) 08 June 2014

Very heavy maintenance

Family court Alwar(Rajasthan) ordered an interim maintenance of Rs 25000 (15000 for wife & 5000 each for two childrens) taking my salary to be 40000 Inspite of being maintained by me. date of order is 26.02.14. Ignoring my EMI of flat loan of 9500 in which my wife & childre are living & other loan liabilities all prior to the filling of maintenance under Sec 125 of CrPC.I appealed with stay application to Rajasthan High court to get a relief from this impugned order which is still pending in the court.Later the family court on 30.05.14 implemented the order to deduct maintenance amount from salary even during the pendency of appeal in the court. What is the remedy ?

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6 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 08 June 2014

There is no remedy when appeal is pending. So long wife n children live with u court may n loan repayment court may slash quantum of maintenance passed by lower court JEEVAN PATIL

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Adv Archana Deshmukh (Practicing Advocate) 08 June 2014

Tell your advocate to press the application for interim stay before the high court urgently showing the court the urgency of immediate hearing.

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RG (TEACHER) 08 June 2014

This order has left me breadless /bankrupt / defaulter on many fronts

Gautam Kapoor (IT professional Studying Law) 08 June 2014

I'm not sure how the judge could have imposed 60% of your salary as maintenance, probably your other sources of income was highlighted by the opposite counsel or probably something genuinely wrong in your case.Neverthelss Madam Archana has answered your query.

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Adv. Chandrasekhar (Advocate) 08 June 2014

During the pendency of appeal, if you appropriate application, after considering the facts prima facie, the court may reduce the maintenance amount during the pendency. But total stay won't be granted, as it may thrown both the wife and child in hunger pangs.