Maintenance
Solace
(Querist) 09 March 2010
This query is : Resolved
My client has been awarded Rs.2000/- Monthly maintenance from her husband in proceeding 125 Cr.pc. My clients husband is government employee, he is earning 25thousand per month. My client wanted to file civil suit against her husaband to get atleast 10 thousand rupees as monthly maitenance. May I know from experts about suit valuation ,court fee . Whether my client have to zttend court on every hearing or not.
Raj Kumar Makkad
(Expert) 09 March 2010
Your cleint should file an appeal of the order of family court which has not granted maintenance keeping in view the status of respondent husband and second option is to file DV Act petition wherein no court fee is required to be levied. In both cases maintenance can be claimed.
Parveen Kr. Aggarwal
(Expert) 09 March 2010
For filing a civil suit claiming maintenance court fee is required to be paid in terms of provision contained in Section 7 of the Court Fees Act, 1870:
"For maintenance and annuities:- In suits for maintenance and annuities or other sums payable periodically, according to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year."
However, as advised by Mr. Raj Kumar Makkad, you should challenge the order granting maintenance of Rs. 2,000 despite monthly income of the husband of your client at Rs. 25,000 per month, in the higher court. In that case ad valorem court is not required to be paid.
