498-must-scrap (Manager) 22 July 2014

Maintenance under hindu adoption act

Hi,

I am posting this query on behalf of my friend, his Wife file maintenance case in u/s 18, 20 of hindu adoption and maintenance act and interim maintenance has been granted Rs. 10K per month and order has been passed before 18 month, (Date of Application). case status is on croosing, I have following query for this

1:- Is there anyway to quash or reduce the maintenance because I am taking only around 18K in hand after all deduction but court did not consider this so what should i do Now ?

2:- she made lots of false allegation in her petition that she cant be prove so what will happen about maintenance after the disposal of this case.

3:- she deliberately delay the case, Is there any specific time in this act to dispose case ?

Regards

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5 Replies

gautam (not disclosed) 22 July 2014

Generally lower courts are biased and liberal in awarding maintenance to female in maintenance hearing but definitely they might have included some logic in deciding maintenance.

Does your friend have kids?

If one feel that the maintenance amount is not justified, one could have appealed against the same in higher courts within 90 days of the maintenance judgement pronounced in the lower court.

One can file for revision of maintenance amount on the clause of "change in circumstances", however wife allegations proving false wont constitute "change in circumstances"

Unfortunately, in Indian courts, even if the wife is pronounced guilty, husband is liable to give maintenance, unless one proves desertion & adultery

498-must-scrap (Manager) 22 July 2014

Can we go to revision for reduce the maintenance after 18 Month ?

gautam (not disclosed) 22 July 2014

You need to furnish more details

a) Does your friend have kids?

b) Surprisingly, why this question coming to your mind after 18 months?

498-must-scrap (Manager) 22 July 2014

Hi Gautam,

a:- yes he have 13 years old son

b:- Actuly both file application for revision in same court when order passed husband for reduce the amount and wife for increase amount so judge ask both orally to take back and judge assured to husband orally he will finish this case as early as possible but now 18 month went but no progress.