Hi.u/s 12 dv act,session court order to me maintenance 12000pm,rent 6000pm, medical6000pm , total24000pm.wife filed crpc128 for recovery 8lacs on that order.Then HC partially aside medical 6000pm.& order 18000pm. So 4 lac recovry now.my Q (1) wife need to filed new case of crpc128 on HC order??(2) wife asking recovery amount on same old crpc128 case? Which one is right or wrong? How?why? Thx
The Court reiterated the factors to be considered while determining the amount of maintenance as laid down in Bharat Hegde v. Saroj Hegde, 2007 SCC Online Del 622 : (2007) 140 DLT 16:
Status of the parties. Reasonable wants of the claimant. The independent income and property of the claimant The number of persons, the non applicant has to maintain. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home. Non-applicant’s liabilities, if any. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant. Payment capacity of the non-applicant.Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.The non-applicant to defray the cost of litigation.The amount awarded under Section 125 of the Criminal Procedure Code is adjustable against the amount awarded under Section 24 of the Act. For any other queries contact me at isidjain1@gmail.com
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