U/S 125

Anindya Guha Roy (Querist) 13 October 2016 This query is : Resolved
My sister filed sec 125 against her husband for herself & her son. In the petition advocate appealed 12000 per month for maintenance herself & her school going son. Court passed order where mention only 6000 for maintenance. My sister don't get any amount for herself. We got judgement on 10 th august.
1 .My question is how long we are waiting for execution ? 2. Also we want to know can my sister again appeal maintenance for only herself ? 3. Our advocate told us that minimum 3 months we can wait for execution & this is constitutional law .

Please answer any interested knowledgeable lawyer.

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adv.bharat @ PUNE (Expert) 13 October 2016
Anindya Roy since order is given by court you can proceed for its execution.

Kuummaar AS (Expert) 13 October 2016
Anindya Guha Roy,

PLEASE SHARE WITH EXPERTS WHAT YOUR ADVOCATE HAS ADVISED YOU IN RESPECT OF THE FOLLOWING QUERY.

"can my sister again appeal maintenance for only herself ?

Rajendra K Goyal (Expert) 13 October 2016
Whether this is final order or interim maintenance allowed.

Your sister can go for appeal.

Other party may go for appeal, your lawyer may have advised to wait to know whether appeal from them is filed or any stay granted.

Nothing wrong waiting for 3 months.

Siddharth Dev (Expert) 13 October 2016
You can file execution before one year, at any time even next day

Anindya Guha Roy (Querist) 13 October 2016
Thanks to all experts for their suggestion.
1. My sister field crPc 125 for both herself & her son. Court had given maintenance only her son. Can my sister appel separately maintenance for herself ?

no.2 we get judgement 10 th august. If we file execution after 3 months when effect will be start ? From next day of judgement or from the next day of the execution ?

no 3. My sister field for both herself & school going child for rs.12000. court has given only 6000 for maintenance. So my question is that the judgement is right which given by the court ?

Rajendra K Goyal (Expert) 13 October 2016
1. Your sister can go for appeal against the decision. On what grounds the maintenance was refused for mother?

2. The maintenance is payable from the date of filing case for maintenance if so ordered or otherwise must be mentioned in the order / judgement.

3. Court judgement is right till reversed by competent court.

Ms.Usha Kapoor (Expert) 14 October 2016
Agree with RK.Goyal.

Anindya Guha Roy (Querist) 14 October 2016
What are the other competent Court that we can revise this judgement on which ground mother don't getting maintenance ?

Anindya Guha Roy (Querist) 14 October 2016
My sister & her staying in parental house. After judgement of crPc 125 how my sister get back her gifts & furniture from her Husband. Have legal processors to get back gifts & furniture ?

Guest (Expert) 14 October 2016
A Simple Police Complaint with the help of your good advocate's drafting would get back your things irrespective of court case pending,

Anindya Guha Roy (Querist) 14 October 2016
Once we tired with draft of Advocate went local PS of my sister in laws house. But police refused. They asked for court orders & it will happened before filed sec 125. Now after judgement what we recover furniture's & marriage gifts without any difficulties ?

Anindya Guha Roy (Querist) 14 October 2016
Sorry we went recover furniture's & gifts during the case at the local PS. but we refused by the local PS. My advocate tried ? But we all failed to recover. Please suggest me how we recover ?

Guest (Expert) 14 October 2016
Always the Adharma would be seen as Over powerful Only to Prove the Real Power of Dharma.If required request your Advocate to call Me.(only as a moral help from my side)

Rajendra K Goyal (Expert) 14 October 2016
Have you approached higher police officers against the inaction of police ? Approach woman cell.

Kumar Doab (Expert) 14 October 2016
You can benefit from the advise of Expert Mr Rajendra K Goyal.

As a good gesture Expert Mr. N.J.S.Rajkumar alias narasimha has offered to help.

Your counsel may call him.

Anindya Guha Roy (Querist) 14 October 2016
After we refused from local PS, we tried to contact with higher authority of jharkhand police & we contacted with west bengal women cell. But we didn't get any kind of help from women cell. We are from kolkata & my sister stay at jharkhand. So any interested lawyer from moral help please give his or her mobile no. So that my advocate can with him or her for moral help over telephone .

Rajendra K Goyal (Expert) 14 October 2016
You can visit court compound there to search in case of need.

For particular guidance you can post in this section or send personal Message to experts.

U/S 125

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