Nischay Bin (Service) 24 March 2015

Appeal against maintenance order

Hi All

My wife has filed Domestic Violence case and Maintenance u/s 24 of HMA 1955. District court has granted Rs 7000 as monthly maintenance and then she appealed to ADJ court for increase which got rejected. Now she has filed an appeal with Hight Court which is marked as urgent.

What remedy do I have now . Pls help

What is the significance of marking urgent in legal terminology in HC listing.

Nischay

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5 Replies

Adv. Chandrasekhar (Advocate) 24 March 2015

You say you are legal advisor and you do not know these simple things? The defence in H.C. will be the same what you had taken in Sessions Court. "urgent" does not have any significance, because every petition filed in HC carries such application and the matter would be listed on third or fourth date from the date of filing. Once notice is issued, it becomes normal matter, because all the petitions are "urgent".

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Nischay Bin (Service) 24 March 2015

Thank you Adv. Chandrasekhar ji

If she produces my IT Return which she is having , will it be considered as an additional evidence.

Regards

Nischay

Adv k . mahesh (advocate) 24 March 2015

yes that document will be an additional evidence to show how much your salary is

reunion2 24 March 2015

Originally posted by : Adv k . mahesh
	yes that document will be an additional evidence to show how much your salary is

Normally what is the % of salary husband need to give as maintainence/Allumeny.?

Will it in rs or in $ if husband started working in abroad but wife is in india.

What will happen if wife is also earning after or during dioverce

thanks

Adv k . mahesh (advocate) 26 March 2015

court will consider all the aspects about your expenses and mostly will order 1/3rd of your income after deducting expenses and if you stay in us then court will order you to pay in indian rupees only and if you fail to pay when you come to india your wife may file contempt and make you arrest till you pay the arrears

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