Crpc125 interim maintenance - magistrate asking husband

I assume they are trying to get the issue of maintenance decided by consent.  if that is the case then,  the maintenance has to be paid from the date of filling of such consent terms. 

ok. thank you.

if it is the date of filing, will the court consider the amount paid due to sec24HMA order? pl clarify

Originally posted by : Ravi
	hi, 1. my wife crpc125 main/interim petition in Sept2016 when she was get hefty 24HMA amount. 2. in family court, divorce dismissed in feb2017 and automatically wife not getting amount 3. in DVC/CRPC125 cases, the opposite lawyer told just to pay some amount "X", very less than they asked in interim application. magistrate asked my lawery to find out how much hustband party can pay if not "X"   queries: 1. What is the logic behind this? 2. why they are asking "X" amount instead of the amount filed in interim application 3. if i agree to X amount, should i pay from the date of order or date of interim applicaiton filed? 4. if from date of application filed, my earlier HMA24 amount be considered and adjusted since i paid already at the time of active HMA24 section.

If you think you have enough proof that court will reject her interim maintenance, then you should contest the case.

Else you should mutually decide the amount of interim maintenance and because you both are mutually deciding the maintenance amount you can decide the date of paying the amount 

thank you Sachin sir.

in the counter, we filed all points including the amount of net salary after loan deductions and the salary she receives from her school as teacher. i have proofs to show but i am little scared as posted in the below queries.

1. I have VPF as deduction (to decrease the take home salary), will court consider this VPF deduction if i produce my payslip to decrease the maintenance amount?

2. how much maintenance is decided in interim application? 1/6th or 1/3rd

3. she suppressed the fact in interim that she worked in some school and currently working in another school. i have proofs to show via RTI replies/photos. will court consider this?

4. we also have proofs to show her mother got commerical property, will it help in the case? since my wife is the only daughter to her mother.

5. can we show the proofs of 24HMA amount paid at the time when they filed this interim application?

6. even if we go mutual consent, will i have an option to goto high court for revision appeal?

Please clarify these.

Consensual decision is always better in a court case. Otherwise, family disputes tend to play havoc in life.

Originally posted by : Ravi
	thank you Sachin sir. in the counter, we filed all points including the amount of net salary after loan deductions and the salary she receives from her school as teacher. i have proofs to show but i am little scared as posted in the below queries.   1. I have VPF as deduction (to decrease the take home salary), will court consider this VPF deduction if i produce my payslip to decrease the maintenance amount? 2. how much maintenance is decided in interim application? 1/6th or 1/3rd 3. she suppressed the fact in interim that she worked in some school and currently working in another school. i have proofs to show via RTI replies/photos. will court consider this? 4. we also have proofs to show her mother got commerical property, will it help in the case? since my wife is the only daughter to her mother. 5. can we show the proofs of 24HMA amount paid at the time when they filed this interim application? 6. even if we go mutual consent, will i have an option to goto high court for revision appeal? Please clarify these.

Dear Ravi,

Firstly court will consider only net take home salary and regarding to your question about quantum of maintenance amount it will be the discretion of the court and everyone knows courts are lean towards women.

Court will not consider the property of her mother while deciding the amount of maintenance. If you decide the amount of maintenance mutually no party will have right to appeal to HC.

Now you are saying that you have proofs to show that she is working, this is the ground for rejection of maintenace but be sure you have strong proofs like her salary slip or bank account detals or PF details, If you are short of documantory evidence than focus on that.

As you said you have paid maintenance as per order under Sec 24 HMA. if you can prove that she obtained that order by consealing her job details, you can file case of 340 Cr.PC r/w 195,210 IPC

Thank you Sachin sir. Please provide your replies to other queries also.

1. is VPF considered as deduction? my company deducts VPF every month and then the amount is credit to my bank account. will court consider VPF in awarding maintenance?

2. if i contest the interim and the court orders from date of filing, will they adjust the award against the already paid amount in sec24HMA becuase she filed main/interim while enjoying the 24HMA amount?

3. lastly, if i ask you, what is your advice? should i contest the interim or decide by mutual?

First and second question is about discretion of the court so cannot reply.

Regarding to your third question.

first clarify whether you have mentioned in court that you know her job details or not?

Yes, we have mentioned in the counter that she is working currently and getting XX, XXX/- INR. i have proofs of RTI from one schools and photographs of the current school where she is currently working.

i have EMIs / parents health & maintenance and i get 10000 + XX,XXX/- INR. all these things mentioned in the counter.

In my view you should mutually settle the question of maintenace, with minimum amount and from date of settlement.

So, if later you did not pay any maintenance she can ask the court for execution of that settlement deed and not more than that.

And you can say in court that at the time of settlement deed you was not having enough proof of her employment so she forced you to sign that deed.

Do remember to mention in deed that because your wife is claiming that she is unemployed and have no source of income thats why you are agree to pay the amount

ok thank you sir.

but what u mean by this.. "She can ask the court for execution of that settlement deed and not more than that.?

 

Date of filing as in the date of filing of the consent Terms. 

Thank you Radhikaji.

Yes, her income is sufficient for her support but she concealed in her main/interim petition and i mentioned it in the counters and i have RTI proofs/photos.

during the course of proceedings in the case, what if i pick up a job of lesser pay than the current one?

can i request the court again to reconsider due to change in circumstances? will i win to lower the mutually agreed amount?