Maintenance under section 125
Manish Harish
(Querist) 21 December 2017
This query is : Resolved
My query is regarding the decision given by district court to pay ₹20,000 monthly maintenance to my wife and child under section 125. My wife is living with her parents for last 3 years and is working. It's her decision only to stay with her parents.
Q1.What is the procedure of challenging the decision as the amount is too high?
Q2.If I am not in a position of paying the amount then what can court do?
Q3. Is there is any provision to file complaint against biased behaviour ofJudge?
Vijay Raj Mahajan
(Expert) 22 December 2017
Move the higher court against the arbitrary order to grant huge amount of maintenance to wife and child which is beyond your means/income. If the order is for interim maintenance than revision application will be filled otherwise against the final order appeal can be filled in higher court/high court.
Kumar Doab
(Expert) 22 December 2017
The amount posted by you as per you is high.
What is our income disclosed before court?
If it is indeed beyond your income and resources you can approach higher court/pray for revision.
Kumar Doab
(Expert) 22 December 2017
I am sending you a few links and you may pick up the relevant points.
Dr J C Vashista
(Expert) 26 December 2017
You have the option to file an application u/s 127 Cr PC in the same (MM / JMFC) Court for necessary modification on the grounds mentioned therein the query.
The other option is to move an appeal before Sessions Court for setting aside or modification of order passed by Trial (MM/JMFC) Court.
Dr J C Vashista
(Expert) 26 December 2017
Consult your lawyer for appropriate guidance and proceeding if you have faith in him/her, otherwise, change him/her immediately.
