Should i file for revision of maintenance
rohan sharma
(Querist) 29 December 2012
This query is : Resolved
Sir,
I am not living with my wife since 2010. In the year 2011 i filed sec 9, which was transferred by my wife, which is still in court, as during transfer case was delayed.In 2012 she joined my due to mediation in section 125 which she filed in 2011 and later on withdrawn as she started living with me. But once again she returned to her father home in 2012, she filed section 125 once again. IN SHORT, COURT HAS GIVEN FOLLOWING JUDGEMENT " ........IN THE INSTANT CASE THE P-1 HAS NOT PLACED ON RECORD EVEN A SINGLE COMPLAINT MADE BY HER AGAINST THE MISBEHAVIOR OF RESPONDENT(MY. RATHER SHE HAS PLACE ON RECORD A LEGAL NOTICE ISSUED TO HER BY THE RESPONDENT FOR REJOINING HIS COMPANY. IT IS ALSO AN ADMITTED FACT THE THE RESPONDENT HAS FILED A PETITION U/S 9 HMA FOR RESTITUTION OF CONJUGAL RITES. THE RESPONDENT HAS ALSO PLACE ON RECORD THE COMPLAINT MADE BY HIM BEFORE THE CONCERNED POLICE AUTHORITIES ON 2012, WHEN THE P-1 HAS LEFT HER MATRIMONIAL HOME FOR THE SECOND TIME. THERE IS A STATEMENT OF P-1 RECORDED ON THE SAID COMPLAINT WHEREIN SHE HAS ADMITTED LEAVING HER MATRIMONIAL HOME WITH HER CLOTHES, AND OTHER STUFF......................................CONSIDERING THE REASONS GIVEN ABOVE AND THE CONCEALMENT MADE BY THE P-1(MY WIFE) IN HER PETITION AND ALSO CONSIDERING THE FACT THAT HER ALLEGATION ARE NOT SUPPORTED BY ANY COMPLAINT WHEREAS THE CASE OF THE RESPONDENT IS DULY SUPPORTED BY HIS COMPLAINTS AND PETITIONS FILED, PETITIONER NO 1 PRIMA FACIE DOES NOT APPEAR TO HAVE A SUFFICIENT CAUSE TO RESIDE SEPARATELY FROM THE RESPONDENT. ACCORDINGLY NO MAINTENANCE IS GRANTED TO HER AT THIS STAGE AND THE INTERIM APPLICATION QUA P-1 STAND DISMISSED. ....................................THE RESPONDENT IS EARING RS 35000. ...........CONSIDERING THE INCOME OF THE RESPONDENT AND HIS RESPONSIBILITY I HEREBY AWARD MAINTENANCE AT THE RATE 6000/- IN FAVOUR OF P-2(MY BABY).
Sir,Above stated is the judgement of the court they rejected maintenance at the first stage but instructed me to give maintenance of Rs 6000 for 2 year baby.
I am feeling it is much higher as i was expecting not more than 4000/-.
Now i wants to ask should i filed for revision of maintenance of my baby. My wife is also earning but where i dont know. My advocate is very confused he is saying your wife can also file for revision for her maintenance. If you will file for revision than she can also demand for her maintenance also. Now at this stage i am very confused, although i want to file for revision but i also afraid, whether court may increase maintenance. I am working in a private company. Till date i have not filed for divorce, section 9 is still in the court. Please guide me what should i do?????????????????. In case i apply then How much time i have to apply for revision as my advocate told me it is just one month
Please guide me what should i do? My wife has made my life hell......................
Devajyoti Barman
(Expert) 29 December 2012
Why on earth would you challenge the order whn it rejected the claim of your wife and granted maintenance for child only.
Do you not think you have liability to maintain the child a swell and in today's parlance Rs 6000/- is very reasonable.
ajay sethi
(Expert) 29 December 2012
you are earning Rs 35,000 a month . court has rightly rejected your wife claim for maintenance as she has deserted you without suiufficent cause . however please note that you are bound to maintain your child as father . amount of rs 6000 awarded is very reasinable . dont file revision . comply with court orders
Guest
(Expert) 30 December 2012
You could not have asked for anything more. You are under a duty to maintain your child, a duty which cannot be abdicated.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
District Courts, Amritsar & Chandigarh
Raj Kumar Makkad
(Expert) 01 January 2013
Child is to be maintained by you so provide him maintenance instead of filing revision.
