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Hello Experts,
Family Court has awarded interim maintenance to my wife under section 125. I think the amount awarded is more than I expected.
I have few questions -
1) Can I appeal against “interim maintenance order under section 125”
You should have filed objections for her 125 crpc application. Now you can go for appeal in HC with change in circumstances application.
Income - expenditure [loans, insurance, power, rent, etc] = take home income, on that 1/3rd will be calculated.
If she is well educated, then give her details to court, marks card, certificates. If she is working give her salary slip. If she has property, get details via RTI through sub-registrar office. Or Ask for appointment of COURT COMMISIONER who will get you details of her immovable assets. If she has hid her income/assets then her application will be eventually dismissed.
In case your change in circumstances application will be accepted, you will have to clear off balance from date of application till the date of re-order/readjudication of such maintenance awarded u/s 125 crpc.
Such change in circumstances application need be given to court as and when your income changes for court to calculate and re-adjudicate the maintenance awarded either under section 125 crpc or IA, ie interim alimony.
IA is different, 125 is different. IA is only until case of divorce or any other related case of matrimony is over. Once case of Divorce or DV or 498a is over you need not pay interim alimony ie IA.
But 125 is permanent, you will have to pay until such day lovely wife remarries.
Interim alimony awarded is only for a period of 1 year and your lovely wife has to file IA application at the end of each year. And any IA awarded is for a period of 1 year only, so by the end of 1 year only if she is filing IA application again, you need to pay her money or if no need to pay her IA. But as 125 has already been ordered, you need to pay it religiously until such re-adjudication.
2) What is a revision petition?
Asking court ie the next higher court than the trial court to revise the alimony/maintenance ordered by the trial court.
3) On what basis maintenance is calculated –
Few details of by case –
· We were married 5 yrs. back
· We stayed together for first 5 months
· We do not have any baby.
· My salary is 50k
· She has Masters Degree and prior job experience (So she is capable to maintain herself) but now she is arguing that she is not able to find a job. (Which I think is false)
· Her parents are getting pension.
· My parents are also getting pension.
No connection between parents pension and yourselves, once you marry its your OWN HEADACHE and not that of parents.
Pls. let me know any other case that I can use as reference for maintenance calculation.
Thanks in advance.
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