Correct calculation of Interim Order of Maintenance u/s 125 CrPC
03-Jul-2023 (In Divorce Law)
i have been ordered to pay 20k pe month interim. Judge ignored her job, her MBA qualification, rcr pending desertion everything. She submitted rti of my salary which showed ctc 9 lakh pa but court ignored that and took my salary 18 lakh pa. And order is from date if application. my inhand salary is 62k in Delhi. please suggest me what should i do.
I understand your concern. I would suggest you to file an application with regard to change in the circumstances as the law provides the same under hindu marriage act, moreover the wife cannot sit ideal if she is qualified, there are n number of sc case laws whereby court has repeatedly asked the wife to look for jobs and not to unnecessarily harass the husband if the facts shows that she is capable of finding a job.
What is the maximum quantum of maintenance under section 125 CrPC?
The Code of Criminal Procedure Amendment Act, 2001, which amended section 125 of the Central Act, deleted the words "not exceeding five hundred rupees" in its entirety. All State amendments of section 125 of the Central Act, which were made by the States, have been...
What is recovery of maintenance under CrPC 125?
Delhi High Court: Maintenance due under Section 125 of the CrPC may be recovered through civil action when it becomes "debt". Once a certain amount is due and payable it becomes a debt that can be recovered through a civil lawsuit. 24-Aug-2023
How to calculate maintenance under Section 125 CrPC?
The standard of living for the individual concerned should be taken into consideration when determining the amount of maintenance. The amount of maintenance must be sufficient for the woman to be able to support herself, and not much less than the standard of living she had at her husbands place.
How is the amount of maintenance calculated?
In Kulbhushan Kumar(Dr) v/s Raj Kumari3, the court ruled that the wife was entitled to receive 25% of her husband's net earnings as maintenance. The husband must pay his wife maintenance if she cannot support herself during or after the marriage.
You can file an Application under Section 482 of CrPC before the Hon'ble High Court of Delhi at New Delhi. You can attach the relevant documents in your petitioner thereby seeking the quashing of the proceeding under Section 125 of Cr.P.C.
Interim maintenance order is not a final degree for maintenance it for social security so that other side is not effected by dominant one and for economic security during pendency of the case .If facts had been overlooked and not taken into consideration then you could go revision .
First of all you should have appointed a better lawyer instead of saving on lawyer fee now you have to pay every month on interim order still u can file application against interim maintenance in High court.
यदि आपकी सेलरी, आपके आफिस रिकॉर्ड के अनुसार 9लाख सालाना है और संबंधित परिवार न्यायालय ने अंतरिम आदेश 18लाख सालाना मानकर किया है, तो आप निश्चित तौर पर उक्त निर्णय के विरुद्ध संबंधित उच्च न्यायालय मे रिवीजन के लिए जा सकते हैं ।
जहां तक प्रश्न आपकी पत्नी की उच्च शिक्षा या जाॅब का है, तो वह तब भी आपसे भरण-पोषण प्राप्त करने की अधिकारिणी है ।
जहां तक प्रश्न आपकी पत्नी की उच्च शिक्षा या जाॅब का है, तो वह तब भी आपसे भरण-पोषण प्राप्त करने की अधिकारिणी है ।
Status of husband and wife
Salary/Incomes of the husband/wife
Salary/Incomes of the wife/husband
If any, the wife/husbands liabilities.
You Dependent on Others.
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