About maintanance

Shakil (Querist) 28 September 2016 This query is : Resolved
Due to lack of my knowledge and cheated by my own lawyer i got exparty order in 125 of 5000 rs to pay to my wife.i appeal in sessions court that i was totally unaware about the 125 fight although i came on every date of 498a in trail court at the same time 125 was running in same court but due to lack of knowlege and lawyer set with oponnent party i couldnot contest 125 that my actual salary is 8800 in hand and wife her self deserted me.but session s court order after 3 dates that is your mistake not to contest the case.appeal made in higher court,high court told u should increase your income to pay maintanance.are these both order legaly ok.now what option i have till today to contest the case for reducing amount.498a running in trial court in which bayan and cross of my x and father in law completed in which there is so many contradiction to original staements in fir and 161 crpc bayan.what to do .pls guide

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Ms.Usha Kapoor (Expert) 28 September 2016
You are prepared to pay 125 Cr.P.C interim maintenance though you wife had left you without any reasonable cause.Pay. That is law.

Devajyoti Barman (Expert) 28 September 2016
File revision case and seek chance to fight the 125 case.
The court would certainly give a chance and may also modify the amount as well if you file salary slip in support of your income of 8.8K.

Raj Kumar Makkad (Expert) 28 September 2016
As the order of trial court has been upheld by High Court so the chances of revision are remote but try your luck before Supreme Court if you can.

You can avail the Free legal aid according to which lawyer and all litigation expenses shall be provided to you by Authority.

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 September 2016
The interim maintenance order is interlocutory order so a fresh writ under 227 can be filed before HC but looking to amount it will be costly.

You can try a new strategy before lower court itself. Study all the points of 125 application and prepare your case to address them properly.

If you say that you are ready to keep your spouse with all the dignity and will address all her problems , the court will have to order this way or that way.

You can go from here again to session court to High court.

There are HIGH COURT judgments for this approach and ask your advocate to search them.

Rajendra K Goyal (Expert) 28 September 2016
repeated query:

http://www.lawyersclubindia.com/experts/Exparty-order-616566.asp

http://www.lawyersclubindia.com/experts/Want-to-reduce-maintanance-amount-609986.asp