CRR 125
INDIAN LADY
(Querist) 15 April 2014
This query is : Resolved
In my case of 125 , I m allowed to get 6000 for me and my one year old child. Where as my husband has filed Hma 13. He also facing 498a and has gone jail for 8 days. Now he has given the application in session court for revision of 125 agaist the interim order pass by court in 125 suit. In his petution he apart to the regular objection of interim order he is saying that he requested me no of times to live with him and arranged Khangi Panchayat in which I refused flately to live with him ( which is purely false ) and he is still ready to take me back without excuses. Now my query is the one side he is filing divorce case and other side he is asking to ready to take me back. Is this may be trick only or he may realy wishing to take me back or he is just want to escape from giving the maintenance by giving this type of statement ? Can the court force me to live with him untill unless I should be sure that he is feeling real guilty of throwing me from my matrimonial home in advance stage of pregnancy ? In case if I will say I do not want to live with him then will the Court stop the maintenance ?
Devajyoti Barman
(Expert) 15 April 2014
This is not a ground to revise/modify the maintenance order especially if the same is of interim nature.
INDIAN LADY
(Querist) 15 April 2014
Sir , He has given the following grounds revision
1. Judge has not applied the judicaial mind
2.The court under revision is absolutely wrong , incorrect and against the law.
3. The court below has erred in passing order under revision
4. Court has not touched the facts. He has stated that he was arrested due to 498 by police due to which college has given him the notice to vaccate the shop ( Which is false and he is still running the book shop in the college). Court has not look at this point of change of circumstances and he is unemployed now.
5. Petioner in 125 has deserted to him so according to supreme court petitioner is not maintainable.
6) Respondant (me) has taken away all the valueable item like gold with him at the time of leaving the house and I hv left the matrimonail home
7) He is ready to take me back.
INDIAN LADY
(Querist) 16 April 2014
In police statin also my husband amd my MlL given the statement that they do not want to keep me in my matrimonial home due to my bad behaviour ect ect
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2014
Well all CRPC 125 cases if properly contested can easily be dismissed.
No domestic violence can be proved by solid evidence, it is just because the husband side takes very meek defense so orders are passed.
The other side as a rule is in rage and under the influence of relatives make wild allegations which can not proved but families are destroyed .
ajay sethi
(Expert) 16 April 2014
it is doubtful that sessions court will modify order of interim maintenance considering that you have 1 year child
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2014
Any wife sending in laws and husband in jail and than expecting money month after month is too cruel.
Some body in forum section has put more SEVENTY judgments of various HIGHER COURTS for denial of maintenance to 498 A wives.
Even otherwise in all existing laws there is lot of scope to deny such blackmail and spouses must use all such opportunities so that future of family system may survive.
Guest
(Expert) 16 April 2014
Success of married life depends upon mutual trust and adjustments. Once the marriage breaks both the parties are sure to become losers irrespective of the fact who wins the court case. Divorcee life of both the partners become hell in the society, which probably both of you may not understand now, but later on your own experience of divorced life may make both of you understand well, but with no remedy remaining in hand to revert back to a normal married life.
Anyway, be any incident or reason false or true that depends upon proof being given by the respective side in the case. Nothing can be said to be false or true without proper analysis of the case and discussion on exanmination of documents of both the sides.
However, interim maintenance may probably not be withdrawn till the case is decided finally.
About his plea to take you back vis-a-vis the divorce case, if you agree to live with him, the divorce case would not stand. But, if you decline to live with him the divorce case may continue and most probably be decided in his favour. But, even if divorce is accepted, due maintenance is not likely to be denied to you and your child.
In my views, whatsoever be the final outcome of 498a or 125, none of you may be able to enjoy normal life in future to come.
Anyway, best of luck.
Devajyoti Barman
(Expert) 16 April 2014
Do not worry, the amount would not be modified.
Such claim of your husband has no merit.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
The revision petition challenging the lower court's decision on interim maintenance amount generally do not find sufficient reasons to reverse the lower court's order, hence wait for the orders of the revision court and then decide about further legal course of action.
INDIAN LADY
(Querist) 18 April 2014
Respected Experts , Thanks for your continuously support . I want to Add that main ground revision is that my husband is saying that in the case of 498a he was arrested by the police and his shop is in a reputed engg. college so management has given him the notice of one month to vacate the shop. He has submitted the notice copy for shop vacation at the time of argument in 125 . He is unemployed then . so court has not touched these facts given by him at the time of deciding the interim . where as truth is shop has given him other premises to run his business and he is running his shop too. Now i m afraid that in this new financial year his old contract with college will laps and he will take the new contract on his mother name or any other relatives name and will show that he is unemployed so please guide me how I can prove that he is giving the wrong statement and he is running the shop very well . Kindly advise
INDIAN LADY
(Querist) 18 April 2014
Respected Experts , Thanks for your continuously support . I want to Add that main ground revision is that my husband is saying that in the case of 498a he was arrested by the police and his shop is in a reputed engg. college so management has given him the notice of one month to vacate the shop. He has submitted the notice copy for shop vacation at the time of argument in 125 . He is unemployed then . so court has not touched these facts given by him at the time of deciding the interim . where as truth is shop has given him other premises to run his business and he is running his shop too. Now i m afraid that in this new financial year his old contract with college will laps and he will take the new contract on his mother name or any other relatives name and will show that he is unemployed so please guide me how I can prove that he is giving the wrong statement and he is running the shop very well . Kindly advise
Devajyoti Barman
(Expert) 18 April 2014
These allegations and counter allegations are subject matter of trial and in interim order such issues would not be touched upon.
INDIAN LADY
(Querist) 31 May 2014
Respected Experts, As per your advise I got the prove that he is running the shop. After seeing that Court has dismissed the petition filed by my husband with penalty of Rs 2500/- . Thanks to all of you for your advises and moral support. Specially to Mr Devajyoti Barman and Mr. Ajay Sthi who always gave prompt reply . Thanks to Advocate deffence , Mr. PS Dhingra and Mr. T.Kalaiselvan also.
