High interim maintenance awarded to the children
yogesh
(Querist) 16 January 2014
This query is : Resolved
My sister in law is qualified medical specialist and is drawing 1 lakh per month has been living speraltely with 2 children( 4 years and 2 years) filed the case of maintenance 125 CrPC aginst my brother who is also doctor and is earning 56K after deductions..The Ld JMIC passed the interim order of 12k of 4 year child and 8k for 2 year child who are living in small town A TOTAL OF 20K for bothe children and none for wife..My query is whether such amount of maintenance is justified? if yes , whether the income of mother shall be taken in to consideration before awarding any interim maintenance? what is the suggestion at thsi stage for the order passed by Ld JMIC??
Devajyoti Barman
(Expert) 16 January 2014
You did not rely my last query where I asked you to disclose whether you are an advocate?
Raj Kumar Makkad
(Expert) 16 January 2014
The income of mother shall also be taken into consideration while deciding the factum of maintenance for the children as those are the joint responsibility of their parents.
File revision against the impugned order/judgment.
Dr J C Vashista
(Expert) 17 January 2014
Please reply the question raised by Sh. Barman.
I agree with Sh. Raj Kumar Makkad's expert advise.
Rajendra K Goyal
(Expert) 17 January 2014
Agree with the advise of expert raj kumar makkad ji.
R.K Nanda 
(Expert) 17 January 2014
NOTHING MORE TO ADD.
ajay sethi
(Expert) 17 January 2014
agree with makkad
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
I endorse the views of expert Mr. Makkad, but the author has not answered expert Mr. Barman's question till now, what about that, any second opinion to this?
yogesh
(Querist) 18 January 2014
Devjoti sir..Which query your are refeering for?..I think you have not asked from me as I have checked all my posted queries..Any way this is related to my brother which has been represented by another lawyer and as per your grace and eminent members..I ought to file the revision..
Nadeem Qureshi
(Expert) 18 January 2014
file revision is better option.
Devajyoti Barman
(Expert) 23 January 2014
I asked you earlier to disclose whether you are an advocate or not?
V R SHROFF
(Expert) 23 January 2014
Children's mtn order is reasonable.
Total income exceeds 2L p m.
Hidden income can exceed 10L p.m. being Dr.
forget & pay for child.
V R SHROFF
(Expert) 23 January 2014
Unless u r Advocate and interested to continue Legal battle..
Devajyoti Barman
(Expert) 24 January 2014
Author is still silent about disclosing his professional identity.
yogesh
(Querist) 26 January 2014
burman sir..ya I am lawyr..but thsi case is contested by my friend counsel ..since thsi is family matter I would like to have the opinion of experts member for impartail opinion..I have disclosed in my previous queries and give opinion to others also .but we trsut alwys others being better option sir
yogesh
(Querist) 26 January 2014
shroff jiwhere is the question of hidden salary.Both spouses are Govt doctors and pvt practice is prhibited under CCS rules. tHE BROTher is employed on the basis of plain medical degree and is drwaing neary 56 K aafter deductions while his wife is drwaing nearly 1 lakh as she is employed as specialist besides getting special allowances..Brother is asked to pay 20 K to 4 years child and 2 years child
Guest
(Expert) 26 January 2014
Mr. Yogesh,
Your query and other information is devoid of some vital information.
Did your lawyer friend raise the issue of income of the mother of the children before the judge? If so what view was taken by the judge and what reason was quoted by him for ignoring the income of the wife of your brother? If the issue was not taken up before the judge, what is the relevance of asking such a query here without stating full facts when the issue was not raised before the judge?
I am unable to understand, how as a lawyer you preferred not to reveal the most required information to get an appropriate solution to your problem?
Please state full facts/ background of the case, if you really want solution to your problem.
Dr J C Vashista
(Expert) 27 January 2014
I fully agree,endorse and appreciate Dhingra ji, a very relevant question was (must) to be put by the counsel of husband for consideration of the court, wherein wife(Doctor- a Medical specialist)is also earning handsome (if not more than husband-she cannot be behind).
Despite the fact there is a ban on private practice under CCS & CCA (Conduct) Rules and government is paying NPA even than more than 98% doctors are doing their private practice (practically), you will agree to disagree.
yogesh
(Querist) 27 January 2014
Dhingra sir, Here are the facts
My sister in law who is doctor by profession has filed the 125 Crpc BEFORE THE Ld JMIC court without disclosing her salry and job profile and claimed monthly maintenance of Rs 80,000 PER MONTH ( INERIMN AND FINAL AMOUNT WERE SAME)..In the petition she has claimed that my brother is earning more than Rs 1,00,000 PER MONTH AND HSE IS LIVING AT THE MERCY OF PARENTS
We file the objections and annexed the qualifications and previous working profile, including the ITR of the previous year ( which was about Rs 56,000 PER MONTH) and file the application under section 340 Crpc as she has given false information on affidavit and separe case number was given and application of 340 Crpc was transferred to another court ( Due to change of roster system of judges)…we filed the applcaitions under section 91 crpc to disclose her working job and total salry dran but she refused to disclosed by filing the reply…Lastly we came to know about her job as she has annexed her appointment letter before the SCI ( separet case transfer of Divorce petition) we annexed her appointment letter and filed the application for placing the additional documents on records and salary information received from RTI which was about Rs 90,000 per month besides other allowances
The judge dispose the application of interim maintenance by speaking order Of Rs 12,000 per month for 4 year child and Rs 8,000 per month for 2 year child and did not listen ( or may be the lawyer has not made objection of the salary drawn by wife Though it was available on records)…The Ld JMIC says that other applications such as 91 Crpc WILL EB DISPOSED LATER ON..but interim was awrded…
yogesh
(Querist) 27 January 2014
Dr J.C Vashista sir..I do agree it may happens in states but not in metros unless clincs/or pvt practice doctors inherits from the previous generation..In my view if they do private practice definately they get very busy and such court cases may not be happen...in states such as in UP/MP private practice is allowed the doctors force the patients to visit their clincs
Devajyoti Barman
(Expert) 27 January 2014
If you feel aggrieved by the said order then you can challenge the same in sessions or high court.
Guest
(Expert) 27 January 2014
Hi Dr. Vashista,
Thanks for your appreciation.
Guest
(Expert) 27 January 2014
Hi Yogesh,
Now you have some definite information about income of the lady. So, remedy lies in challenging the orders of the JMIC, as has rightly been advised by Shri Devajyoti Barman.
Rajendra K Goyal
(Expert) 28 January 2014
Agree, the orders should be challenged in the higher court.
yogesh
(Querist) 28 January 2014
Rajender K goyal jee..Why to move to HC? when remedy are available then is not one should exhaust their remedy at session court??...Moreover interim order is not Interlocutory order
