Maintaince case under crpc 125(3)
PRASAD CHAVHAN
(Querist) 27 December 2013
This query is : Resolved
Sir,
MY WIFE AND ME LEAVING SEPERATELY FROM 3 YEARS, WE HAVE TWO DAUGHTERS, ONE IS 9 YRS. OLD, AND OTHER IS 5 YRS. ONE DAUGHTER IS LEAVING WITH ME AND ANOTHER IS WITH MY WIFE. SHE APPLY FOR DIVORCE FROM ME SHE WANT 2,50,000 RS. FROM ME FOR DIVORCE. BUT I AM NOT ABLE TO GIVE THESE MONEY BECAUSE I AM A DOING COMPUTER REPAIRING PRIVATELY ON CALL BASIS. MY INCOME IS NOT SO MUCH. SHE LEAVE OUR HOME FOR HER BROTHERS MARRIAGE AND SHE WILL NOT COME AT HOME SHE TOLD ME TO LEAVE SEPARATELY BUT I AM NOT ABLE TO LEAVE SEPARATE BECAUSE I HAVE MY MOTHER ONLY AND ONE SISTER AT MY HOME, MY FATHER WAS EXPIRED BEFORE OUR MARRIAGE.
FROM ONE YEAR I AM NOT PRESENT AT COURT. SO THE COURT ORDER ME TO PAY RS 2,000 FOR MY DAUGHTER AND RS. 2000 FOR MY WIFE AS A MONTHLY MAINTAINCE. BUT HOW CAN I PAY 4000 RS. PER MONTH. PLEASE GIVE ME A PROPER SOLUTION.
THANK YOU.
PRAVIN KAJALE
Devajyoti Barman
(Expert) 27 December 2013
If could establish your meager income then you may challenge this order in higher court for modifying the said sum to any lesser amount.
Nadeem Qureshi
(Expert) 27 December 2013
Dear Querist
if the order passed on interim maintenance application then file a revision petition before session court.
if this is final order then file an appeal before session court against this order.
you can file an application under section 127 of crpc for modification of this order before the same court.
feel Free to Call
R.K Nanda
(Expert) 27 December 2013
agree with experts.
Rajendra K Goyal
(Expert) 28 December 2013
Apply for revision if income is not sufficient. If not able to pay lawyer fee, take help of local legal service cell.
T. Kalaiselvan, Advocate
(Expert) 28 December 2013
This seems to be an ex-parte order, because the author states that he did not appear before the court for one year and the court passed the order granting the maintenance amount in the absence of the petitioner, if so, the author may adopt procedures to set aside the exparte order. Since this is a criminal law, a revision will lie before the high court only.
R.K Nanda
(Expert) 28 December 2013
NOTHING TO ADD MORE.
