Regarding crpc 125 interim maintenance
S banerjee
(Querist) 09 July 2016
This query is : Resolved
Sir I am from kolkata. I got registered to a girl according to hindu marriage act but our social marriage has never taken place. Without knowing the hindu marriage act registration formalities I signed by believing on the girl but she cheated me. Immediately after registration she filed crpc 125 claiming a huge interim maintenance at 30,000 per month from me.Since i was working in merchant navy as a Trainee marine engineer the judicial magistrate kolkata has awarded her 30,000 rs interim maintenance. This order was challenged by me in district judge kolkata . Learned session judge after hearing both parties finally reduced the interim from 30000 to 13,000 rs per month. In the mean time I have filed a title suit in district munsif for void marriage as per section 34 of specific relief act 1963 as no marriage takes place as per section 7 or 7A .The suit was pending till now. In the mean time the girl challenged the order of session judge in calcutta high court for enhancement of maintenance. I filed written objection in high court for dismissing crpc as the marriage is under challenge in civil court.I have also disclose my contract letter of employment in high court that I am earning 700 USD per month for 3 months and rest 3 months I am sitting at home without salary. On the basis of this income the learned session judge fixed my interim at 13,000 rs per month from date of order. But the girl challenged session judge order in calcutta high court for enhancement of maintenance. The high court after hearing recently passed an order totally in favour of the girl. High court set aside district and session judge order and tell me to follow magistrate order and pay 30,000 rs.Increased the interim maintenance drastically from 13000 to 30,000 rs per month.
Since i was in merchant navy inspite of telling court that it is a contractual service the court has awarded INTERIM maintenance.
Now i am in deep trouble. Dont know what to do.I am sitting at home without employment for last six months.I am working in junior most rank in merchant navy but high court considering the income of a senior marine engineer fix the interim amount . its impossible for me to pay such a high amount. The girl is a BA GRADUATE , previously working but now left her job just to snatch maintenance from me by filing false crpc 125 case against me in spite of void marriage pending before civil court.
Now only option left is to approach supreme court by filing an SLP.
A huge injustice has been done on me.
Girl has misused crpc 125 totally by claiming such a huge amount of interim maintenance.
your suggestions required on what to do next.
R.K Nanda
(Expert) 09 July 2016
Query too long.
Devajyoti Barman
(Expert) 09 July 2016
Well, you appear to be from Kolkata.
Since without seeing the all order no further advice can be given You may feel free to meet me for further assistance.
Rajendra K Goyal
(Expert) 09 July 2016
Without knowing full case details / related documents if any, nothing can be advised. Discuss with local lawyer / expert Devajyoti Barman who belong to Kolkata..
Dr J C Vashista
(Expert) 13 July 2016
Too long story and not a query, which has to be brief.
Consult a local lawyer. Mr. Devajyoti Barman, an expert and active member of LCI, is practicing advocate in Kolkata High Court, is a perfect on the subject matter,contact and engage him, .
