crpc 125
Querist :
Anonymous
(Querist) 12 June 2010
This query is : Resolved
Dear Sir, We were married on 24 Nov,2007. After sometimes my wife refused to live with me on no ground. It is 2 and half yr past but she stayed with me only for 8 months. On may 30, 2009, We went to met my in-laws where she refused to come back with me. After 6 months, when all my efforts went in vain, I filed a case to bring her back (Sec 9) in response she file a case to compensate her (CRPC 125). Now court ordered me to pay her 2500/m. My salary is 6693 (proof submitted in court) where my monthly expenses are bus fare 1300, meal (20+30+30)x30=2400. I m only at my home no one else. How do I survive with these orders. and why should I pay when I am ready to bring her back.
Devajyoti Barman
(Expert) 12 June 2010
If you feel aggrieved with the quantum of maintenance, you can challenge the said order either in sessions court or in high court and given the amount of money you earn the maintenance should be decreased but not could be wholly avoided.
G. ARAVINTHAN
(Expert) 13 June 2010
if she is employed or well off, you contest by preferring appeal.
Today most of judges order for Rs.3,000/- per month as maintenance.
G. ARAVINTHAN
(Expert) 13 June 2010
anyhow you need to pay atleast one third of your salary as maintenance amount and litigation expense to your wife
Querist :
Anonymous
(Querist) 13 June 2010
Dear Sir,
As stated above, I don't possess any movable or immovable property. Also company is making me resign from the job due to my continuous leaves and inaccuracy in work. What if my job is lost. Do I still need to maintain her. Also she is self bodied woman expert in knitting and sewing and in beauty parlour. Please suggest what proof are needed to prove that she is in adultery.
Devajyoti Barman
(Expert) 13 June 2010
Current unemployment is of no help to you. Unless you could show by documentary proof that your wife is indeed earning you have to maintain your wife. Court generally does not consider the capacity to earn by the wife.
Anyway appeal does not lie against the interlocutory order unless specifically provided by the statute.
Guest
(Expert) 13 June 2010
YOU MAY FILE AN APPLCIATION TO THE SAME COURT FOR REDUCING THE AMOUNT OF MAINTAINANCE AND IN CASE NO REDUCTION MADE THEN FILE WRIT PETITION TO THE HIGH COURT .YOU WILL SUCCEED.
THANKS.
Sukhija
(Expert) 25 June 2010
Expert Sawant is right, follow this advice
