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Ganesh01 (govt servant)     08 March 2015

Crpc 125 amount fixation

Xwife working as clerk in Nationalised  bank with Rs. 20000/month. my salary rs. 86,000. Take home is              Rs. 52000. These are produced in the court.  She has filed  crpc 125  in  year 2013 for the maintenance of kids each Rs. 10,000/month ( 2 sons aged 5 & 9 yrs with her in karnataka) she is not even allowing to talk to them. I'm at hyderabad.   I want to see the welfare of the kids.

I like to know how they will fix the maintenance amount and how much. will it be fixed from year 2013 with arrears. shall I get at least visitation rights in (crpc 125) case.   Please advice how to go about this case... Thanks in advance.



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 March 2015

Dear, I think court will allow 20 for children .... But if you want to oppose you can and ask the court to at least allow visitation rights in this regard or the court can ask you to file a separate application for visitation.... Regards Kapil Chandna Adv 9899011450

Anand Bali Adv. (Advocate Solicitor & Consultant)     09 March 2015

Dear Client,

For the visit rights you have to apply in the court and only family court will give you permission to meet your kids in a certain way; in case you are a divorcee or you are living separate from your wife and kids.

For the maintenance of Children there is no set formula but is depends on the social and economic status of the both husband and wife and is presumed that if the kids would have been living together in a household with their parents what would have been their financial status; this same economic status has to be maintained by the amount of the maintenance this is paramount scale with the wellbeing of the kids.

Court determines all above states of a common  living hood and determines the amount of maintenance. The maintenance amount can be imposed pendent elite that means from the day of the application also as who will give the maintenance which has been done by the help of others? or for which they have suffered ?

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court hrs to get a suitable appointment date and timing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

for Anand Bali & Associates

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Courts of Delhi, Chandigarh, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,

Service, Divorce & Family Dispute Matters

dr.pawan rajyan (member and secretory)     10 March 2015

You have to pay only for childs as x is earning.,she would not get anything. bringing up of children is liability of both parents. You can ask visitation rights by filing a intrim application. Filing for custody under G & W act is better.regarda

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

The  quantum for maintenance amount will depend on  the arguments from both the sides.  For visiting your children you have to apply separately  for visitation rights.


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