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Court gave maintenance order without income proof can i appeal in SC
14-Oct-2023 (In Family Law)
Hello Sir, My Divorce case is running at Jabalur M.P. family court. Wife filled maintenance for her self and a child, family court decided 12000 per month without any proof of my income. I filed case in High Court against the order of 12,000 per month and HC M.P. decided 10,000 per month (4000 for wife and 6000 for a child) with out any income proof. Can I file the case now in supreme court and what is the chances for me to reduce it or get stay in 10,000 per month order?
Where the court has without examine the income of your has awarded the maintenance of rs 10,000/- is not justified but rs. 4,000/- only has given to the wife wherein rs. 6,000/- has been given to the child, How old is your child you can go for custody of your child in that case you have to only pay rs. 4,000/- . . .
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Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
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If you have not done your real income show while denying the applicant's claim then The income shown by the applicant will be considered as the basis. You can file mutual divorce in 13 (B) by giving a permanent alimony by talking to your wife but Child can ask for maintenance at any time in the future with his mother or father
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Yes u can challenge the order of the High Court in the Supreme Court however if its just interim maintenance then its advisable to finish the case in lower court soon and then challenge final maintenance amount and if its final maintenance then u have to make sure that u are able to prove that u don't have that much income and lower court has decided the maintenance without any logic or proof.
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You can appeal to SC, if you have not agreed before high court. filr an appeal within 60 days of date of order.
You can appeal to SC, if you have not agreed before high court. filr an appeal within 60 days of date of order.
You can appeal to SC, if you have not agreed before high court. filr an appeal within 60 days of date of order.
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Adv. Ajay Gautam
Jabalpur | 25+ Answers
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Yes, you may go to the Supreme Court by filing special leave petition under Article-136 of Indian Constitution against the judgement passed by High Court. Chances of reduction/quashing of maintenance amount/order shall depend upon various factors such as your status, your income etc. You are saying that the family court and the high court both decided the amount of maintenance without any income proof, so I think the order must have been an interim maintenance order. But even though it is a final order, and you are earning enough to pay ₹10,000/- per month, and the wife is unable to maintain herself then the Supreme Court shall not interfere with the order passed by the High Court.
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Adv. Pradeep Naik
Indore | 200+ Answers
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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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