Mainantance to wife under domestic voilance.

sunil kumavat (Querist) 19 April 2014 This query is : Resolved
i had marrage in1998 and seperated in2009. i m a govt officer and my wife bams doctor working in pvt hospital and has shown salary of 12000 pm. we dont have kid.i have house at nsk and now my wife has possession of it. she has filed case under domestic voilance on me in 2011. and now court has passed order that along with house i should give her maintenance of 8000 pm. order passed on 5/4/14. house loan emi 8600pm is paid by me . my net salary is 45ooo and in hand salary is 28000. and now due to some reason i m suspended from job and not receiveing any salary from nov 2013.

pl guide me .

thanks . sunil

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ajay sethi (Expert) 19 April 2014
Section 25 (2) of the Act contemplates that in case, there is a change in the circumstances of a case, the Judicial Magistrate may, on application made by the person or Respondent pass an order altering, modifying or revoking any order passed earlier.

on account of change in circumstances make an application before court for modification of order as you have been suspended from govt service

Devajyoti Barman (Expert) 19 April 2014
Yes, you should file application under the aforesaid provision of law for modification of the order or you can go for appeal u/s 29 of the Act.
Do present your current salary and your wife's salary.
Your wife is not entitled to maintenance.

Rajendra K Goyal (Expert) 19 April 2014
You should get salary slip / certificate of your wife salary and prey the court to amend the orders as you are suspended.

You should also prey the court to direct your wife to pay the EMI as she is using the flat and you are not being paid now, so that the account may not become NPA and Bank may not sale off the house.

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 April 2014
FIRST OF ALL THE DV CASE WAS ILLEGAL HENCE COURT PASSED ORDER WITHOUT JURISDICTION.

YOU HAVE ONLY OPTION OF FILING APPEAL WITHIN 30 DAYS., TO COURT .

Advocate Bhartesh goyal (Expert) 20 April 2014
Challenge the order by filing appeal.

sunil kumavat (Querist) 12 May 2014
Thanks you very much all. i have all filed appeal in court within 30 days and will definately follow ur suggestions. Thank you for your timely and valuable suggestions.

regards. sunil