Totally opposite orders in dv and crpc 125 case

DV victimmmm (Querist) 12 April 2014 This query is : Resolved
Dear experts
Here are details of my case:
Wife went to brother's marriage in Nov 2010 and never returned back.She first filed DV case in Nov 2011 which was dismissed by JMFC court in Feb 2013. She filed appeal but did not contest it till date.After DV got dismissed ,she also filed crpc 125 with same allegations and same words in family court.
Some of the allegations which are already disproved in the dv case are:
1. I tried to kill her
She told in her cross examination that she does not recollect the incidence or the time or place of the incidence. She said the same thing in crpc 125

2. She was not given medical treatment during pregnancy

I put all the medical reports and documents in the court. She admitted that she received the medical treatment and visited all the doctor mentioned in my evidence

3. She was confined in my house for all the time , she never went out during her stay of 2 years of marriage

She admitted that she completed educational courses while she was married to me and used to go out to attend classes and she also visited her father's house at least 10 times in 2 years

4. My wife also said that she is not working
I summonsed the head mistress of the school where she is working.The head mistress submitted 2 different letters of her salary details and accepted that my wife is working in her school. She also told the court that my wife is MA(English) and completed her B.Ed. this year.

The only extra thing that she told in crpc 125 is that she wants to cohabit with me now. So the family court judge used to tell me that though she did mistakes earlier, I should forgive her now. But I had told the judge that the allegations are very serious and I can't take her back so I have filed divorce case.

Finally the Family court judge ordered me to pay 8 thousand in total to wife and my child.

I have no problem in paying money to my child. But as wife is working and earning almost 20 thousand ( 15 thousand /month salary with 7 thousand basic salary and PF facility provided by school) from job and taking private coaching classes.
Please guide me what should be my course of action.
I have not seen the judgment yet and don't know the grounds on which the maintenance was provided

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Devajyoti Barman (Expert) 12 April 2014
Your wife is not entitled to maintenance. Challenge this order in sessions or high court.
Order is perverse as afar as wife's maintenance is concerned.

Guest (Expert) 12 April 2014
The facts/evidence were required to be brought to the notice of the court during trial of the case. Now act as advised by Shri Devajyoti Barman.

DV victimmmm (Querist) 12 April 2014
all the facts of the DV case were put before the family court during trial. There are 120 documents(includes some photographs) which are presented as evidence from my side and all all exhibited.Also there is one more point, when the evidence of the school head mistress was pending , she invited the family court judge to her school for a program as a chief guest and the judge went there even if she knew that the head mistress will be appearing for the evidence.Should I bring this to the notice of the higher court in my appeal?
Is it possible to get stay order by paying half or some reasonable amount of arrears ?

Guest (Expert) 12 April 2014
Depends on the discretion of the court and merits you present to the competent court.

Devajyoti Barman (Expert) 12 April 2014
You can not highlight any new facts for the first time in appeal.
You have to then ask for remand to lead addition;a evidence.

Rajendra K Goyal (Expert) 12 April 2014
If in the appeal no stay is granted for payment of maintenance, start paying the same and contest the case on merit.

ajay sethi (Expert) 12 April 2014
if your wife is working and earning Rs 20,000 a month she wont be entitled to maintenance . you can challenge the said order ebfore sessions court

R.K Nanda (Expert) 12 April 2014
agree with experts.

T. Kalaiselvan, Advocate (Expert) 13 April 2014
I agree with the experts that she is not entitled for maintenance under the given circumstances, an appeal is very well maintainable.

Totally opposite orders in dv and crpc 125 case

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