warrant issued for non payment - though appealed at High cou
umesh
(Querist) 28 May 2016
This query is : Resolved
Dear Sir,
My wife has filed a Crpc 125 close to a year now . It is come to petitioner's evidences till now! ( But they haven't filed evidences from 4 months and are trying to mint money) The lower court had failed to consider the below facts... hence I have appealed at high court,
1. I lost my job because of the harassment (twice) by my wife's relations at my office, I was warned by my H.R... fearing that more harassment might happen n of losing respect and dignity in front of peers - I resigned before my H.R forces me to do so. ( I resigned before this case being filed and the resignation letter is produced at court during hearing)
2. Before this... a group of 25+ people including my wife, in-laws and her relations had come to our house(s) and assaulted my mother and me to black n blues, for which complaint was lodged and FIR is filed! The copies of the same is produced at court along with MLC, wound certificate etc...
3. I had also submitted my parents medical report, my wife's medical reports ( she can't mother a child- almost a lakh was spent by me) including bills was produced. She claims to be illiterate and can't maintain herself! - N number of false allegations on me!
4. Rental agreements,p personal expenses etc... waa also produced at lower court!
By not considering any of these facts... court passed IM order to pay Rs. 5000. I managed to pay Rs.10000 initially.. later I was sick so I couldn't pay and approached high Court for justice!
My query is.... They have issued warrant, though we have appealed at high Court and even after giving writ petition number! Notice is sent to my wife from high Court!
In-between this... My lower court lawyer was not at all co-operative, she removed or suppressed many informations which I e-mailed her while filing objection... she misguided and convinced me for removing them... and now I am suffering!
She even scared me not to come to court... or immediate arrest will happen! I Was Confused what to do next... felt something fishy or she is mis guiding me... I went to court, but was around 5-10 minutes late!
Now... her junior says... you were late to court... hence the warrant was issued! Now they are giving NOC!!! - as I opposed her behavior and for misguiding me!!!
She says... take NOC or I will write memo to court! ( Payments made in full and regularly) I saw them interacting with my in-laws too!!!
*** warrant issued for non payment - though appealed at High court! - could it be all because of my lawyers negligence or corruption???
Can't I take stay on warrant now? (Next date is 7.6.16) As I am jobless and in a very bad shape! Dependent on my parents- my father sells let chains at foot path!!! Somehow managing family with tears n liabilities.
Why is court failed to consider my documents? and did this Injustice to me?
Can I draft or proforma to cancel warrant or take stay at high court! ( Next date at high court is unknown!)
SAINATH DEVALLA
(Expert) 29 May 2016
Further aggravating the situation,immediately get the warrant recalled.U cannot avoid paying Interim maintenance as ordered by the lower court.The lower is not concerned about UR appeal in the HC,unless it receives orders from the HC.Hence the process goes on.
Whether U have job or not is immaterial,U have to pay IM as ordered.
Rajendra K Goyal
(Expert) 29 May 2016
Prey to recall warrant, pay the arrears. Court adopt procedure and conclude on facts and on legal points. If no stay on interim maintenance, you have to pay till decided otherwise by the court.
