Help in criminal revision
iftekhar Malik
(Querist) 31 August 2017
This query is : Open
Respected all my senior sir,
I filed a. Criminal revison against the order of interim maintenance ordered passed by judicial magistrate Asansol of Rs 10,000/- per month to a minor child of the petitioner.
I am on behalf of the opposite party i.e husband , the main facts is both husband and wife are job holder in Bengal police service where the salary of husband is Rs 18,000/- per month and wife salary Rs 27,000/ - per month.
So for that reason petitioner wife file 125crpc for her minor child and not herself.
When I filed a criminal revison against this order then the session court reject my petition that I can not filed revision petition because it is a bar by kolkatta high court judgement.
Sir I am on behalf of the husband and his 65% income is going as a maintenance to his child ,
As per my study the court may order only 25% income of husband as an maintenance to wife, child etc.
So please give me any Supreme court ruling so that I filed a rescission at Session court Asansol,
Please sir help me and send me some major judgement.
Ms.Usha Kapoor
(Expert) 02 September 2017
According to a recent Supreme court decision only 25% of husband's net salary is just and proper for maintenance/alimony to his former wife and son.Please refer the following link for details of the Supreme court decision.
http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms
Ms.Usha Kapoor
(Expert) 02 September 2017
According to a recent Supreme court decision only 25% of husband's net salary is just and proper for maintenance/alimony to his former wife and son.Please refer the following link for details of the Supreme court decision.
http://timesofindia.indiatimes.com/india/supreme-court-sets-alimony-benchmark-25-of-ex-husbands-net-salary/articleshow/58288399.cms
Dr J C Vashista
(Expert) 02 September 2017
The ratio of judgement cited is applicable to "ex-husband" and not "still husband".
There are various factors to decide quantum of maintenance to child as per status of parties, which has to be shared by both husband and wife (parents) in equal share.
iftekhar Malik
(Querist) 04 September 2017
Sir
I have this rulling but the session court not accepting criminal revision and told me that there is no any provision to file criminal revision against the order of interim maintenance as per Kolkata high court judgement,
So if you have any judgement of filing criminal revision before a session court kindly send me
