Maintenance case

sathiya (Querist) 25 March 2015 This query is : Resolved
I have been paying my wife's maintenance for last 4 months and now it came to in my notice that she is servicing somewhere and I collected the proof also. Can I complaint for my wife in the same court to stop/reduce the maintenance?

Please suggest me how to compalint and which section applies here.

I have a child girl who is under my wife's custody.

Thanks

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ajay sethi (Expert) 25 March 2015
you have to make application for modification of order of maintenance on grounds that wife is working . enclose evidence collected by you

sathiya (Querist) 25 March 2015
In the same court?

adv. rajeev ( rajoo ) (Expert) 25 March 2015
I do agree with experts

Rajendra K Goyal (Expert) 26 March 2015
Apply for the orders of maintenance in the same court.

ajay sethi (Expert) 26 March 2015
yes in same court only

sathiya (Querist) 27 March 2015
Dear Experts,

Here I have a dispute with my lawyer, I had given him to show my loan documents in court and one more proof which he did not submit in court.

Here my query is: can I submit an application along with proofs before the court directly?

Also, can I complaint for my lawyer in the same court for not submitting my documents in court and for concealing the facts?

Maybe I would get relief if lawyer would have submitted my loan doucments whose EMI goes rs..28k every month.

Please advise...

Thanks

arastoo irani (Expert) 29 March 2015
If your wife was granted maintenance under section 125 of Cr.P.C. you can now file an application before the same court under section 127 of Cr.P.C. by showing change in circumstances and for reducing maintenance amount by stating that earlier you were unable to submit the proof of your wife's income from service and now you are producing the same. You can also submit that you have loan liability of 28k p.m. in the same application to justify that it is difficult for you to pay maintenance as ordered and in the changed circumstance of submitting the proof of these two facts the maintenance amount ordered may be reduced. So i hope court will definitely consider your request in your favour and reduce the amount.
Regarding your complaint of negligence of your lawyer you can complain to local bar of the court or bar council of that state in which you are staying provided you have genuine case and proof.

Guest (Expert) 29 March 2015
Well advised.

sathiya (Querist) 30 March 2015
Dear Experts,

Session court ordered against section 24 Hindu marriage act. not in 125. Because earlier to this I primarly suit case u/s 13 (1) Divorce by cruilty.

So, which act will apply here in place of section 127?

Thank you

SAINATH DEVALLA (Expert) 31 March 2015
U R keeping on extending UR query.I have been studying the advises of the experts.U should post UR query entirely initially so that the experts will have an idea how to provide solution.Regarding UR lawyer change him immediately complain in the local bar council.If the lawyer commits mistakes intentionally or unintentionally ultimately U R the sufferer.Act according the above expert's suggestions.

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