Gaurav (Engineer) 17 February 2014

Crpc125

Dear Sir,

My wife has filed an affidavit in the family court that she is living with her parents as her husband and mother-in-law used beat her regularly but during cross of 498A she stated before the magistrate that there was no minor/major injury caused to her in her matrimonial home and thus she is not able to give any medical certificate. She also said that her father came to her matrimonial home and took her to parental home.

Can I approach to the high court to deny her the maintenence as she left her matrimonial home with her own will as my lawyer is saying that lower court is not listen to this and high courts/supreme court has the power to deny her the maintenence u/s crpc 125 [4].

Kindly advise how to proceed now.

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3 Replies

abhijeet (Executive) 17 February 2014

Gaurav, have faith in the lower court, you are supposed to appeal only when the maintenance amount is excessively high.

Now-a-days the courts do not award excessively high maintenance, hence if that maintenance amount is justified, end it there and there only and don't waste your precious time in litigation, unless you want to prolong.

It is your money, you decide wisely.

Gautam Kapoor (IT professional Studying Law) 17 February 2014

Dear, Maintenance is decided on host of factors and as such should be provided if your wife is unable to maintain herself.

Now to prove whether she is unable to maintain herself is the core criterion of the court (FC,HC,SC).

The maintenance amount is solely decided on the above mentioned factors. She may ask a million but end up getting only 5000 or 3000 depending upon the merits (neither penury nor luxurious).

If she is already working she may not get any.

If you are not happy with the maintenance awarded you can well appeal in HC,SC.

Advice : Put a strong counter in the FC