Maintenance u/s c rpc 125

Guest (Querist) 21 September 2011 This query is : Resolved
I was got married on sep 2006 in oct 2008 my wife left me & filed several criminal complaints against me, & she also filed petition in maintenance act u/s 125 Cr.p.c
In said case i have given income tax return for the assessment year 2004-2005 in which i had shown my income as Rs. 19.560/- per year as my income prove. finding me income tax payee court has taken my income Rs. 5000 to Rs. 8000.and court order me to pay Rs. 1200 to wife and Rs. 800 to minor child as interim maintenance allowance and i am paying regularly.

2. in said case my wife did not produce any proves of my income.

3. witness stage is closed next date fixed for rebuttal and arguments.

QUERY;- IN final order court going to increase the monthly allowance amount. what would be the amount. pl tell

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Shonee Kapoor (Expert) 21 September 2011
It is a matter of spculation only.

With the passage of time, cost of living has also increased, hence court can increase the said amount.

However, if you have a true case, why don't you fight for no maintenance to erring wife and you can give maintenance to child suo-motto.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

kuldeep kumar (Expert) 21 September 2011
i think sec 125 crpc allows maintenance to any wife otherwise than the fact she has been divirced or not..sec 125 crpc is not for the benifit of wife but for society as being rendered helpless she may committ any offence or corrupt the society

Advocate M.Bhadra (Expert) 21 September 2011
At the time passing final order for maintenance allowance court may enhanced allowance and order of quantum of allowance court may consider your income and liabilities also.

Guest (Expert) 21 September 2011
the court can also increase the amount or keep it as it is. it depends upon the income proof or the descretionary power of the court.

Mr.Bhadra as the queries has mentioned in his query about the maintenance allowance of Rs. 1200 and 800 for child

Koumarish Bhattacharya (Expert) 21 September 2011
The amount of maintenance is the discretion of the Court and there is none who can predict the judgment of the Court. However, you may prefer a criminal motion before the upper forum.

Raj Kumar Makkad (Expert) 21 September 2011
It is likely to be increased as evidence for assessing your income is your return filed for the year 2004-05.

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