how to reduce maintanance
shakil shaikh
(Querist) 14 October 2015
This query is : Resolved
My 125 was ex party ordered.final order is 5000 pm.wife stated my salary is 50000 pm in jan 2013 and my actual salary in hand is 8500 rs after beeing job less for 8 months.i did a second lawayer and make a appeal for stay on this ex party order and request the judge for fight against this judgement that i cannot bear this big amount so give me a chance to contest this judgement and produce my evidence.now the thing is that opoosite lawyer shows my wife as abla nari and says she doesnot know any thing and not doing anything but she is doing a job in hero bikes in rajasthan.i have a 10 year child residing with her.what to do to reduce maintanance.judge told me to deposit 30000 rs first then stay was granted and chance will be given to me for challanging the recent judgement .
Rudrawar Narayanreddy
(Expert) 15 October 2015
you file application u/s 127 of crpc for decrease showing your present income. The court taking your income will decrease the maintenance granted earlier.
Rajendra K Goyal
(Expert) 15 October 2015
What is your pay after statutory deductions of tax etc.?
Total pay is considered and not the take home pay. Even after contest in the given circumstances, chances to reduce interim maintenance are negligible as you are having a school going child also.
Submit income certificate of wife to the court.