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I want more money as interim maintenance to take care of my children

Shivendra Pratap Singh

Advocate

26/04/2022

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Question: I have filed a maintenance case in 2020. Today the court has passed an interim order on the basis of husband’s income. His income is about one lakh per month. The maintenance amount is 20000/-monthly. Out of which 15000/- for me and 5000/- for both kids. My kids need more money to carry on their studies. So I want more money as interim maintenance to take care of my children. Please guide me. 

Question from: Uttar Pradesh

This is not final maintenance. Court grants ad-interim maintenance to meet the current financial need. The court has granted 20% of your husband’s salary as interim maintenance. 

However, there is no fixed rule regarding the percentage of salary which the court can grant in respect of interim maintenance. The court decides it on the parameter of net income of husband and basic necessity of wife & children. Prima facie this amount seems fair and there is no room for interference.

File a revision against the order of interim maintenance

If you think that fees and other necessities of your child cannot be fulfilled in five thousand rupees then you can file a revision against the interim order of maintenance. 

The revisional court has very limited power. Revisional court shall examine the basic needs of your child in order to increase the amount of maintenance. Therefore, you can produce evidence regarding the fees and other expenses which you are currently bearing in the care of your child. The court cannot decide any other issue except the amount of interim maintenance. 

It is, however, the prime responsibility of the father to maintain his child. He should take full responsibility towards fees and other necessities. The revisional court has the power to enhance the amount of maintenance

You can thus file revision in the court of sessions if the magistrate has passed the interim order under Section 125 crpc. If the same order has been passed by the family court then you should file revision before the High Court. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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