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Want to Live (NA)     25 August 2012

Maintenance under 125 crpc

Dear All,

I am a Victim of crpc 125, false cases against m & my family under 498,406, DV.

week point of my case is my lawyer didn't contest my case properly..dont know the reason behind that.

My query is at the time of passing the order under 125 crpc..family court gurgaon has not taken the correct quantam of my earnings, she verbally said Rs 25000 pm & court imposed Rs 8000 pm on me. She has not even produced any supporting document for my salary. I was earning Rs 12000 pm at the time of marriage & shown jobless at the time of procedings..now I am doing a job & earning 13500 pm.

I have approced high court as well but all in vain..My petation has been dismissed.( Pls have look at the order copy..attached).

Paying maintenance is my duty & i am ready for that, but i want that has to be fixed as per my income.

I am ready to keep her with me from the day one. she is the one who is not ready to come back at anycost.only demanding huge amount of money for divorce which I am unable to pay.

Please suggest what I have to do now?

Please note somehow I am paying rs 8000 to her every month.

Regards

Sunil

 



Learning

 3 Replies

rahul (director)     25 August 2012

your lawyer didnt represent your case even in High Court,

your ddint place any documents that you are earning 13500/-

if you did that, then HC definatly amend the amount to Rs 5000/-

Adv. Nikhil Seth (legal consultant (9867264707))     25 August 2012

Dear Sunil ,

 You can file for appeal for the said order to session court, In that appeal you can mention your current salary and pray for less maintainance upto 5,000/-  if you have any liability you can furnish that and also mention in your application that you  are willing to accept her back  and also show about your family staus  if you had any liability you can furnish that only if it was during the mariage and not after filing of this petition .

 Kindly make application by monday you are already late  If you file late please file along with condonation of delaY application with this appeal as you have lost the appeal period time.

Adv. Nikhil Seth (legal consultant (9867264707))     25 August 2012

SORRY IGNORE THE EARLIER COMMENTS YOUR order if high court so it can be only challenged in SC.


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