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Is provision to modify or revised my order in same family court

(Querist) 14 October 2015 This query is : Resolved 
Sir My advocate had argued 1st time facts on interim maintenance
He submiited judgement of desertion,crpc 125 of 4.No wife shall be entitled maintenance. If she refuses to live without any reason.

she was not driven out by matrimonial house.There is no proof of it means she left by her own decesicion.Judge had not passed an Order against me and he was transferred.

Again new judge came and said He wants new hearing,
as a result this point i.e. about her desertion is not said at the time of 2nd argument with new judge,as result interim order passed against me.

My point is Can I say to judge my advocate has betrayed me and not mention the judgement of desertion submitted on record with previous judge regarding what he said earlier which submitted to you.Because the judgement is still on record.

Can I say to Judge about Order of interim maintenance what he has Passed against me.
This is only because my advocate fault so that I GET CHANCE FOR MODIFICATION OF ORDER

The reason is I m not going for appeal because now the arear amount is too high and again if I move to high court or session court arrear will go on increasing.
P. Venu (Expert) 14 October 2015
What matters on questions of fact are the pleadings than the arguments. Were these aspects properly pleaded in your affidavit?
SAINATH DEVALLA (Expert) 14 October 2015
Whatever UR advocate submitted or mentioned at the time of the first judge would have been recorded.He need not plead again.Something is missing somewhere?
Rajendra K Goyal (Expert) 14 October 2015
If the orders has been passed, you can go for appeal.
Shonee Kapoor (Expert) 15 October 2015
Dear Friend,

Please understand, only "interim maintenance" order has been passed. In this event; whether the wife left voluntarily or you pushed her out can not be decided by the court. This is a matter of evidence.

I won't advise to go on appeal on this ground alone.

I would rather like to finish the case ASAP by leading evidence and deny her final maintenance.

Regards,

Shonee Kapoor
www.shoneekapoor.com
sanjay singh (Querist) 16 October 2015
Sir ,
In my interrim maintenance application reply I clearly says that she left by her own and right from the beginning of marriage was avoiding to cohabit with me.

The respondent says in a interrim maintenance application :- She was driven out by matrimonial house.

My point is if she was driven out.She would have given complain to any one.She doesn't have single complain against me and not even from her any family member.

Where as I have lot of complains , notices against her.
sanjay singh (Querist) 16 October 2015
Sir ,
In my interrim maintenance application reply I clearly says that she left by her own and right from the beginning of marriage was avoiding to cohabit with me.

The respondent says in a interrim maintenance application :- She was driven out by matrimonial house.

My point is if she was driven out.She would have given complain to any one.She doesn't have single complain against me and not even from her any family member.

Where as I have lot of complains , notices against her.
T. Kalaiselvan, Advocate (Expert) 16 October 2015
The contents what you discuss now can be taken up for the arguments during the main case hearing. As suggested it would be better that you cooperate for disposing the main cse at the earliest so that the question of interim maintenance will come to an end. Dont blame the advocates without any base, if suppose you got an order favoring you in the same situation where will you keep your face?


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