interem maintainance
NEERAJ GUPTA
(Querist) 17 June 2008
This query is : Resolved
sir's,
what is the law for maximum amount a judge can allow as interem mainatainence to wife onmonthly/annualy basis in delhi?
neeraj gupta
Guest
(Expert) 17 June 2008
Depends on who the victim is? How wealthy he is?
Guest
(Expert) 17 June 2008
Who is the claimant, what is the lifestyle, and the number of dependents, and such other factors which will have to run until the litigation comes to an end.
Srinivas.B.S.S.T
(Expert) 17 June 2008
There is no maximum limit for maintenace its all depends upon how best you have proved the income of the Respondent. Once the income of the respondent is proved in the court there is always a possiblity that the judge may order 1/3rd of the same towards maintenance and if the petitioner is having the custody of children that amount may increase.
SANJAY DIXIT
(Expert) 17 June 2008
Dear Neeraj,
There is no such law. It depends upon the status, circumstances, liabilities & income of the parties. It is totally based on the discretion of the Judge.
In general it vaies from 1/5th to 1/3rd of the opposite party's income.
arunprakaash.m.
(Expert) 18 June 2008
Its all depend upon the status of the family she belongs and also that of the husband and also upon the income of the husband. It is a discretionary power of the deciding judge. No formula for this.
NEERAJ GUPTA
(Querist) 18 June 2008
MY BROTHER HAS ITR OF 1.70LACS PER ANNUM BUT THE ADD. JUDGE HAS AWARDED THE GIRL WITH CHILD OF 3YRS RS.1.80LACS PER ANNUM.
NEERAJ GUPTA
(Querist) 18 June 2008
AS PER SC RULING IT IS THE SOLE RESPONSIBILITY OF HUSBAND TO MAINTAIN HIS WIFE & CHILD FROM HIS INCOME & NOT THE OTHER FAMILY MEMBERS.
J K Agrawal
(Expert) 18 June 2008
Maintenance if applied for under section 125 Cr P C maximum limit is Rupees 2500/- per moonth. If it is applied under Hindu adoptions and maintenance act the quantom is governed by section 23 of the act. You may find so many rulings suitable to your case.
J K Agrawal
(Expert) 18 June 2008
Maintenance if applied for under section 125 Cr P C maximum limit is Rupees 2500/- per moonth. If it is applied under Hindu adoptions and maintenance act the quantom is governed by section 23 of the act. You may find so many rulings suitable to your case.
NEERAJ GUPTA
(Querist) 19 June 2008
THE CASE IS AT MM PATIALA COURTS,UNDER DOMESTIC VOILENCE ACT , SHE HAS BEEN GRANTED INTEREM MAINTAINENCE OF RS 1.80LACS.DOES 125Cr P C APPLY HERE?
Kiran Kumar
(Expert) 19 June 2008
Mr. Gupta all the proceedings can run together.
it is still unclear wether the amount awarded as interim maintenance is for the previous months also.
in section 125 Cr.P.C the word used is reasonable, no particula limit is prescribed.
if the matter is decided arbitrarily then please go in revision against the order.
do elaborate the complete set of facts.
may send me mail
harry.law@hotmail.com
Srinivas.B.S.S.T
(Expert) 20 June 2008
You can file a revision and you can even ask for stay of the proceedings in the lower court.
NEERAJ GUPTA
(Querist) 21 June 2008
yes, she has been granted interem maintainence from the date of case filing under domestic voilence act.
NEERAJ GUPTA
(Querist) 23 June 2008
she has been granted increased maintainence by Additinal Judge to rs15000/- from rs.8000/- as passed by MM's court after she filed revision for increase.
Srinivas.B.S.S.T
(Expert) 23 June 2008
You can file a revision and as interim relief you can seek for stay of enhanced orders till disposal of revision.
SANJAY DIXIT
(Expert) 25 June 2008
Dear Neeraj,
As other hon members have also suuggested you may file revision against the such order.
NEERAJ GUPTA
(Querist) 02 July 2008
IS REVISION AGAINST THE ORDER ALLOWED IN CRIMINAL CASES ?
amit gupta_lawyer
(Expert) 02 July 2008
yes revision is allowed in criminal case however review is not allowed in criminal cases
