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How to get the maintenance orders given by court cancelled


16-Aug-2023 (In Divorce Law)
How can i get rid from maintaince for my wife order by court tht is 8k m nt able to pay tht amount .. m vry much in tension .. What shall I do?
Answers (5)

Answer #1
972 votes
You should appeal the order before the appropriate court within 30 days from the date of reciept of certified copy of the order passed by family court. The law in regard to maintenance has changed a lot. If your wife is working or even educated she wont be entiteled for maintenanace.
People also ask

How do I challenge interim maintenance?

You can indeed file a petition for revision to review the court orders granting her support and to also reduce the amount based on your facts and merits. You will need to prepare evidence that shows you dont earn the income she has falsely projected in her maintenance application.

In which cases wife is not entitled for maintenance?

The Karnataka High Court ruled that a woman who is having an adulterous affair with another person cannot claim maintenance under section 12 Domestic Violence Act. 06-Oct-2023

What is rejection of maintenance under SEC 125 CrPC?

The Magistrate may cancel an order if the wife for whom the order was made is found to be living in adultery or refuses to live together with her husband without a sufficient reason, or if they both agree that they will not live together.

On what grounds a husband can deny for maintenance?

According to Section 125.4 of the Criminal Procedure Code, a wife does not qualify for maintenance if they have committed adultery, are infidels or refuse to live with their husbands without a sufficient reason. If the divorce was sought through mutual consent or the husband did not have a source of income.

  
Answer #2
520 votes
How can i get rid from maintaince for my wife order by court tht is 8k m nt able to pay tht amount .. m vry much in tension .. What shall I do?

please file an application to the court under the relvant section of laws that you are not able to pay as you are not earning that much money

Answer #3
542 votes
Sir, firstly it needs to be known that whether the interim maintenance has been granted under 125 Cr.p.c or under 24 HMA. If it has been granted under 125, revision u/s 397 r/w 401 would lie. But if it under S.24 HMA then your remedy will be different, you will have to approach the High court nd file a writ against it u/s 226 of constitution of India
Answer #4
913 votes
Hi,
On the above given facts, certain factors needs to be looked into before rendering any opinion in this regard. I would suggest you to provide full information to get proper advice.
Feel free to contact me for further clarification.
Answer #5
661 votes
In your case it is important to understand that which court granted maintenance to your wife. Although, you can file an appeal against the order of maintenance passed against you and in favour of your wife.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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