LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh (student)     12 August 2013

Interim maintenance in crpc 125

Dear all Experts, There is no limit of favourism and support to a woman in a family matter or can say sky is the limit and therefore in a recent judgment of a family court in respect of interim maintenance to CHILD it was awarded the DOUBLE the amount which was demanded by the wife and the interim maintenance of WIFE rejected as per merit of the case and based on the documents on records and permanent sufficient earning (service) of a wife. 

 

It reveals that court has indirectly merged the maintenance of wife into maintenance of the child after showing favour and thus it is  a totally contradictory judgment because on one side the court is accepting that wife is in service and maintaining herself very well and therefore rejected her maintenance and on the other side as per principle governed by the various high courts and Supreme court that maintaining a child is not the responsibility of farther alone if wife is working and therefore she has to share her responsibility to maintain the child as per  proportionate earning of both husband and wife and thus the court ought to have reduced or fixed the maintenance accordingly instead of increasing to Double of the demand of the wife which shows that pure  justice has been forcefully tilted towards the wife.

 

THUS THIS ASPECTS HAS COMPLETELY AVOIDED BY THE FAMILY COURT.

 

The further regular hearing is in progress in the matter and in the circumstances how to plead further our case so that the court realize this anomaly and delivered the final judgment according to fair justice.

Kindly guide in the matter. 

 



Learning

 1 Replies


(Guest)

 

Originally posted by : Ramesh

Dear all Experts, There is no limit of favourism and support to a woman in a family matter or can say sky is the limit and therefore in a recent judgment of a family court in respect of interim maintenance to CHILD it was awarded the DOUBLE the amount which was demanded by the wife and the interim maintenance of WIFE rejected as per merit of the case and based on the documents on records and permanent sufficient earning (service) of a wife.

 

For that you should have filed objections to the main petition of maintenance, if that not being done, court will order as it pleases.  And am sure you did not file objections to the main maintenance petition.

 

 

It reveals that court has indirectly merged the maintenance of wife into maintenance of the child after showing favour and thus it is  a totally contradictory judgment because on one side the court is accepting that wife is in service and maintaining herself very well and therefore rejected her maintenance and on the other side as per principle governed by the various high courts and Supreme court that maintaining a child is not the responsibility of farther alone if wife is working and therefore she has to share her responsibility to maintain the child as per  proportionate earning of both husband and wife and thus the court ought to have reduced or fixed the maintenance accordingly instead of increasing to Double of the demand of the wife which shows that pure  justice has been forcefully tilted towards the wife.

 

 You can approach HC if you have filed objections to main petition of maintenance.  If you have not filed such objections to main petition, then no use approaching HC, as HC will dismiss your plea saying that you have failed to file objections in lower court and as this is just interim maintenance, the HC will not interfere with the judgment of the Family Court aka the lower court.

 

THUS THIS ASPECTS HAS COMPLETELY AVOIDED BY THE FAMILY COURT.

 

 

 

The further regular hearing is in progress in the matter and in the circumstances how to plead further our case so that the court realize this anomaly and delivered the final judgment according to fair justice.

 

As I have said above, without you filing objections to main petition, nothing can be done now.  What most can be done is, file an application by the end of 1 year of such awarding of maintenance u/s 127 stating change in circumstance etc etc and ask court to reduce such IA awarded.

 

Kindly guide in the matter.

 

 

 

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register