Judgement in maintainance

Cant understand and accept wht you are saying....

Did you submit affidavit with details of your income/assets/expenditure to court before the order was passed ?  

Provide more details of your case.

born fighter sir,

my advocate says that the burden of prooving my sallery is my wife so i fallow his advice and not gave any documental evidance of my sallary.

but now i think my advo. is misleading me ,when i say to my advo. that we should go for RTI for my wifes sallary he stoped me .the region he gave ME  that my wife already admitted the job to the court so AND thats enough.

born fighter sir,

my advocate says that the burden of prooving my sallery is my wife so i fallow his advice and not gave any documental evidance of my sallary.

but now i think my advo. is misleading me ,when i say to my advo. that we should go for RTI for my wifes sallary he stoped me .the region he gave ME  that my wife already admitted the job to the court so AND thats enough.

First wish you Happy New Year including resolving of your issue.

1) First could would not pass large maintenace without  your salary evidence

2) Your advocate is right that onus lies in proving and confirming yAour salary is on your wife.

3) About her salary though disclosed by her, you can still obtain authentic proof to counter her 

4) Once Order against you received appeal against order if according your lawyer have merits

5) If you are from Mumbai contact 9869400938, or whatsapp,email: jeevansci@yahoo.com

 

Dear Rajesh

file an appeal/revision before the appellate court against the maintenance order, as per your information your wife admitted that she is working in Court hence she is able to maintain herself, so as per law, if she is able to maintain herself then she is not entitle to get any maintenance from you.

 

immediately file an application under RTI and get her salary slip from the department in which she is working and file an application u/s 127 of Cr.P.C. if maintenance case is u/s 125 of Cr.P.C.

 

Feel Free to Call

I think you are mistaken somewhere, court cannot grant any maintenance amount to her without knowing your income, your lawyer is right to prove your salary/income lies on your wife, anyhow if order passed then go for an appeal against the order, as she had already admits that she is doing govt.job then she will not get maintenance but you have to pay maintenance for your child whatever the court fixed .

nadeem sir,now can i submit sallary slip of my wife at higher court,my advo. says in higher court no evidance will be file,

the time is gone and the submission of any evidance is in only lower court.please show me a way .i am ready to get sallary slip by rti but my advo. stoping me. 

aap sabhi ke salah ke liye thanks.

the judgement copy is not recived but the confusion about  order is still on because in the section document the judgement is 8000/- p1 & 4000/- p2 from respondent.

but in site of district court is that the mc pettion is partly allowed for p2 .

judgement as court site shows p2 granted rs.5500/- from respondent(me) &2500/-from p1(wife).

as my advo. says wait for final judgement copy i am waiting.

kya court me aise mistake hote hain?

0 cases of maintenance denied, or lowered 1. Deserting wife NOT entitled to maint us 125 CrPC. NOT entitled after divorce also! Bombay HC https://wp.me/p7s7-1Da ~~~~~~~ 2. NO maintenance U/S 125CrPC 2 Deserting wife. Hubby win RCR& Divrce. Wife claims maint. Bom HC refuses https://wp.me/p7s7-1D9 ~~~~~~~ 3. Deserting wife NOT entitled to 125CrPC maint. Civil court finding, binding on Magistrate court! Cal HC https://wp.me/p7s7-1CT ~~~~~~~ 4. Exparte intrm us 125CrPC to be modified & even CANCELLED on applicatn by husband.Cal HC & Suprm Court https://wp.me/p7s7-1CQ ~~~~~~~ 5. Ex parte maint u/s 125 CrPC set aside IF husband not allowed to defend, to lead evidence!! Madras HC https://wp.me/p7s7-1CO ~~~~~~~ 6. Second wife NOT entitled to maintenance under Section 125 CrPC. Husband to plead & conclusively prove 1st marriage. Bombay HC https://wp.me/p7s7-1CM ~~~~~~~ 7. Woman marrying a married Hindu, with a legally existing wife NOT entitled 2 maintenance under 125 CrPC ! Supreme court ! https://wp.me/p7s7-1CL ~~~~~~~ 8. 125CrPC Proceeding civil nature. Paternity 2 b decided by Magistrate b4 order !! Supreme Court 1960 ! https://wp.me/p7s7-1CJ ~~~~~~~ 9. if wife looses maint in civil case, she looses right to file sec 125 and claim maint !! Bombay HC https://wp.me/p7s7-1CI ~~~~~~~ 10. Wife gets 9K maintenance when husband's salary assessed at 45K; Cal HC https://wp.me/p7s7-1A1 ~~~~~~~ 11. amount paid at famly court in matri case adjusted in Sec125 dues & NO arrest of hubby! Jharkhand HC https://wp.me/p7s7-1z3 ~~~~~~~ 12. No 125CrPC Main 4 deserting 498a wife. https://wp.me/p7s7-1wB ~~~~~~~~ 13. Crpc125. No arrest b4 execution proceedings on defaulter's property. collect arrear similar to fines https://wp.me/p7s7-1uu ~~~~~~~~ 14. Whether the deserted wife was unable to maintain herself, has to be decided on the basis of the material placed on record. Where the personal income of the wife is insufficient she can claim maintenance under Section 125 Cr.P.C. https://wp.me/p7s7-1qd ~~~~~~~~ 15. Domestic Violence Act, 2005 does not create any additional right to claim maintenance on the part of the aggrieved person; So wife cannot claim double maintenance under CRPC 125 and DV Act; Delhi HC ; https://wp.me/p7s7-1q6 ~~~~~~~~ 16. Major daughters (i.e.) above 18 not entitled to maintenance u.s 125 Crpc. https://wp.me/p7s7-1q3 ~~~~~~~~~ 17. Ablaa WIFE already making moolah in civil case of sec 125 CrPC cannot make MORE moolah using DV !! https://wp.me/p7s7-1p0 ~~~~~~~~~ 18. Arrest for non pmt maint us 125 CrPC within MAX 1yr, https://wp.me/p7s7-1nS ~~~~~~~~~ 19. S125 CrPC maintenance adjustable against maint in matri. proceedings & not over & above Sec 24 HMA. Supreme court of India https://wp.me/p7s7-1nR ~~~~~~~~~ 20. Wife Obtianed CrPC 125 order in 2004; Not a penny maintenance paid till 2011 !!!! Wife running pillar to post !! https://wp.me/p7s7-Mk ~~~~~~~~~ 21. Amount awarded u/s 125 Cr.P.C. adjustable against amount awarded in matrimonial proceedings & was not over and above https://wp.me/p7s7-Fw ~~~~~~~~~ 22. Employed & deserting wife : NO maintenance u/s 125. Even though wife's salary is only Rs 2200/- p.m. https://wp.me/p7s7-yE ~~~~~~~~~~ 23. NO MAINTENANCE u/s 125 Cr. P C to deserting wife https://wp.me/p7s7-lC ~~~~~~~~~~ 24. Well educated employd wife resigning on own NOT entitld 2 maint in DVcase. Only Kid's maint. DelhiHC https://wp.me/p7s7-1Bv ~~~~~~~~~~ 25. No maintenance to adulterous wife, but mere depositions not sufficient, adultry to be proved-Delhi HC https://wp.me/p7s7-1Ba ~~~~~~~~~~ 26. Maintnanc not to punish past neglect, but to prevent vagrancy. B establsh wife unable 2 maintain self !! https://wp.me/p7s7-1A9 ~~~~~~~~~~ 27. Income & means of wife be taken into account, for determining maintenance payable to her. Supreme court https://wp.me/p7s7-1A8 ~~~~~~~~~~ 28. Multi crorepathy businessman's son escapes wid just 6000 pm. interim 2 children https://wp.me/p7s7-1zV ~~~~~~~~~~ 29. Eighteen years mistress NOT a "relationship in the nature of marriage..", NO MAINTenance as she alienated the legal wife and kids !! https://wp.me/p7s7-1so ~~~~~~~~~~~ 30. willful non payment of intrm maint, court can strikeoff husbnd's wrtn stmt, but he can fight agnst wife's case! P&H HC Gem. shows that though husband's written statements are struck off, he can continue to cross examine wife's side witeness, prove the falacy in her arguments and argue that she should NOT get her prayers granted !! https://wp.me/p7s7-1lR ~~~~~~~~~~~ 31. NO maint enhance u/s 12 DV act! P&H HC GEM. Wife separate since 1972 (40+ years) tries enhance undr DV act. Looses!! https://wp.me/p7s7-1lh ~~~~~~~~~~~ 32. Kid's Maintenance to be borne by husband AND wife in proportion to their salaries !! Supreme court GEM ! https://wp.me/p7s7-1hr ***************** FOLLOW https://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or https://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases