Paid Advise

Excessive maintenance under Section 125 crpc

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Maintenance

Reading Time:

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

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.

0 Comments

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Increasing maintenance in mutual consent divorce

Question: Can I claim for increasing maintenance in mutual consent divorce? Whether maintenance granted under consent terms in mutual divorce can be directly enhanced under 127 crpc without any order under 125 crpc.  Asked from: Goa The decree of mutual consent...

Wife filed false case of rape on my brother

Question: Date (July -21) - After one month, she filed section 125 and demanded 25 lakh (They spent on marriage around 2 to 2.5 Lacs Maximum) Date (Aug -21) - Then I filed a case under section 9 of the Hindu Marriage Act. Wife filed false case of rape on my...

Husband has not been paying maintenance since March 2020

The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of...

Can I get maintenance from my unemployed husband

Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is...

Adjustment in amount of maintenance under Section 125 crpc

I want adjustment in amount of maintenance under Section 125 crpc. My wife has filed a case in Section 125 crpc for maintenance. I have been ordered to pay maintenance. Hence I have been paying the maintenance to my wife since 2009 till 2020. Now, the problem is that...

A maintenance order without hearing the husband is void

The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54