Sec.128 in school act is quasi civil or quasi criminal?

Wakle (Querist) 27 May 2018 This query is : Resolved
Hi my wife file sec128 for recovery amount of maintainance of dv act. But first she filled as per order of session court 24000pm and maintenance recovery amount of 5 lacs.later HC order 18000pm.now recovery amount is only 4 Lac. But she not file new sec128 on hc order for recovery amount 4 lac as per hc order. She only did application to court for recovry amount of 4 lacks remaining as per hc order in previous sec. 128 case. As per my advocate she should be filed new case of sec.128 for recovery amount 4 lac as per hc order. She first say in sec128 that 5 lacks recovery & now say 4 lacks. No amendment is possible in quasi criminal case &Sec.128 is quasi criminal.My opposite lawyer says,sec128 is quasi civil so amendment ( i.e. change in amounts of 5 lacs to 4 lac) in this case possible. My advocate says quasi civil nature of dv act upto sec32 after that quasi criminal nature of dv act procedure so no amendment or any change possible. And opposite party not taking any permission of court abt change in amount.so my lawyer request court to dismiss sec128 and direct to my wife to file new sec128 case as per hc order of recovery amount of 4 lacks. Now decision pending in court. My question is who is right I.e.my advocate or my wife advocate?what is difference between quasi civil and quasi criminal??????

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Ms.Usha Kapoor (Expert) 28 May 2018
Your Advocate is right. She has to file a fresh maintenance recovery petition in High court.Quasi civil means a case which is half civil and half criminal. Quasi criminal means a case which is half criminal and half civil.

rajeev sharma (Expert) 29 May 2018
who is right may be decided by decided by the court who i vested with the matter. We are not here to pass any judgement. Suppose the contention of your advocate is upheld, whether that will absolve your liability of paying maintenance? By involving your wife in all those litigation you may delay making payment. But delay cost money .
So it is upto you either follow the directive of the High Court or face consequences of not paying maintenance despite order of High Court.