VIKAS KAPOOR 11 April 2018

maintaince in both -- DV and 125 case

I am Paying Rs7000.00 as interim maintaince in DV case since 2014 regularly. In June 2017 she has filled another case under crpc 125 also where she didn't disclose DV case and interim maintaince. As she didn't come with clean hands in court, can crpc 125 case be rejected?

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Vijay Raj Mahajan (Advocate) 11 April 2018

If she hasn't mentioned in the maintenance petition u/s125 Cr.P.C that she's getting interim maintenance of Rs7000/- PM in DV case than you tell all this to the court. The Family Court will consider pleading of both sides before deciding the maintenance petition of the wife. Don't consider that judge doesn't understand the tricks being played with help of local advocates while such petitions are presented for his consideration.

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VIKAS KAPOOR 11 April 2018

Thank you for your valuable advise.
she is also demanding maintaince in sec 24 HMA case also.
can she demand maintaince in three cases?

Vijay Raj Mahajan (Advocate) 11 April 2018

Let her ask in as many ways the maintenance she can seek under various laws, she'll get one maintenance only. Her advocate is a stupid fool misguiding her nothing else.

VIKAS KAPOOR 11 April 2018

ok sir.
please tell me what is criteria to decide maintenance.

VIKAS KAPOOR 11 April 2018

I am paying 33000 emi of personal loan after that my net income is 24000 p.m. approx. how much maintainance she can be awarded?

Vijay Raj Mahajan (Advocate) 11 April 2018

That part court will decide & I'm no one to say how much the Family Court decide on the basis of financial position of both parties. The pleading of both parties are not before me to see and decide the quantum of maintenance.

VIKAS KAPOOR 11 April 2018

OK sir. Thank you

VIKAS KAPOOR 11 April 2018

OK sir. Thank you

VIKAS KAPOOR 11 April 2018

But sir in DV case she is saying 7000 is not enough although she is much qualified then me, but not doing job however before marriage she was working but I have no proof for that.

VIKAS KAPOOR 11 April 2018

please advise

Kumar Doab (FIN) 11 April 2018

OP can and that is why OP and lawyers of OP have. The intent to get more and more or higher and higher..from spouse and client respectivley...

Then cuts and commissions might also be involved if both sides collude..

Kumar Doab (FIN) 11 April 2018

Maangne me lagta kya hai..

Defend your interest by citing merits and facts on your side…

Prepare your income and liabilities…

The court may rationalize..

What is the opinion and confidence level of your own very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and having successful track record…. and worth his/her salt..?

I am sending you a few links and you may pick up relevant points..