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Maintenace amount decreased by ADJ what can be done to increase
30-Nov-2023 (In Family Law)
Dear Sir, URGENT My case is going on in Tis Hazari of Domestic Violence, under which MM decided maintenance of Rs 14000/-(8000/- for me and 6 thousand for my child)she has assumed my husband monthly income of Rs35000/-, then my husband applied in ADJ now ADJ has decrease this maintenance of my and my child now it come to Rs5000/-. Please give suggestion now what i can do, bcoz this order is given last mid of the month...........
The order can be challenged before Delhi high court.The quantum of maintainence can be interfered with only if arbitrary and against principles laid down by supreme court. High court can stay order of ADJ subject to final order of high court
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Adv. Dr.Nirmal Chopra
Delhi | 25+ Answers
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Dear,
first of all if the matter is pending before the MM then its appeal goes to the ASJ not before ADJ.
in response to your query that you may file an appeal before Hon'ble High Court of Delhi against the said impugned order. where you have to prove the salary of your husband and made submissions before the court about why you are entitled for XXX amount as maintenance. Further you have to file the appeal before 30 days of the from the date of impugned order.
first of all if the matter is pending before the MM then its appeal goes to the ASJ not before ADJ.
in response to your query that you may file an appeal before Hon'ble High Court of Delhi against the said impugned order. where you have to prove the salary of your husband and made submissions before the court about why you are entitled for XXX amount as maintenance. Further you have to file the appeal before 30 days of the from the date of impugned order.
Helpful?
Adv. Deepak Jangra
Delhi | 25+ Answers
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Now you must approach the Delhi High Court again the the order of ADJ for setting aside the order for reduction of maintenance from 14000 to 5000. The Code of Crimial Procedure provides under section 397 and 401, for revision by the High Court. The order for reduction of maintenance might have been passed by Ld. ADJ under Section 29 of PWDV Act.
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Adv. Naman Gupta
Delhi | 200+ Answers
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