Judicial Magistrate has awarded excessive maintenance under section 125 crpc. An Order on section 125 crpc is passed by Kalyani judicial magistrate court ordering a final maintenance amount of Rs.7000. The wife has left me on her own will and I have sent 3 letters asking her to come back. I have also mentioned that my earning is Rs.16000/- per month from my homoeopathic shop.
But the court has not considered the facts and awarded such a hefty amount. Can I challenge the order in Calcutta High court or should I go to district judicial magistrate court? Which is a better option? I have also filed a divorce case on Dec 2018 and my wife has not appeared so the court has passed ex-parte order. Now the final divorce order will soon be passed. Please help how could I reduce my maintenance amount?
You should file a revision before the sessions court. The court has overlooked your financial capacity while passing that order. The amount of maintenance should be reasonable to the facts and circumstances of the case.
Excessive maintenance amount causes hardship to the husband, The court considers the following factors in deciding the amount of maintenance under section 125 crpc:
- Income of husband
- Expenses and liability of the husband
- The living standard of wife in her matrimonial home
- Real monetary help from the husband
The revisional court has the power to reduce the amount of maintenance if it is beyond the financial capacity of the husband. You should produce evidence of your monthly income, genuine expenses and liabilities. If your parents are depending upon you then must recite this fact before the court.
Above all, you should empower the court to decide the real and reasonable amount of alimony.