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Ravi (a)     26 July 2018

Dvc - huge maintenance

dear experts,

today, DVC order was announced and in that, 20000 INR is ordered to be paid to wife/kid and 20000 INR as rent.

i am collapsed by looking at this. kindly let me know what options i have to proceed.

the girl did nt file any salary income

and i also admitted that i cannot obtain salary certificate from the compnay.

but they filed 24HMA order (25000) from family court and appeal order from high court as exhibits

Could u please advise me what i have as a next step. 



Learning

 7 Replies

Vijay Raj Mahajan (Advocate)     26 July 2018

Chance your advocate, he's not handling your case properly.

Vijay Raj Mahajan (Advocate)     26 July 2018

Change your advocate, he's not handling your case properly.

Anish   27 July 2018

Maintainance is a very huge topic, no one can guide you by few messages.
Please contact any local lawyer in person.
And I totally disagree that your lawyer is unable to handle your case because husband is bound to maintain his wife and minor son or unmarried daughter even if he dosnt earn a penny.
All these things are stated in many supreme court judgements.

Although there are other ways that can be used to get rid of this.

Anish Sarna
If any other queries feel free to contact through Email.
anishsarna@gmail.com

Thanyou

(Guest)

I agree with Advocate Kamakshi gaaru 90%.

I would put my 10% advice here...  You request the judges who have ordered such huge alimony that you cannot pay the alimony and to reduce the alimony.  They might agree and reduce.  I suppose the maintenance ordered is exparte and the trial court themselves can set aside their own orders.  So you can try this. Or ask your advocate to file a applicatoin under CPC to set aside exparte orders and contiue with trial of the cases where the alimony has been ordered.

This you can do if you get honest vakil.  That itself is doubt.  These vakils will simply eat more tmoney than what you would have paid to your wife thorugh court.

 

If all the above you cant do, simpy follow advocate Kamakshigaarus advice.


(Guest)
Dont go through advocates. Do some research and file appeal in high court. Very likely maintenance will be reduced. They recently reduced it by 50% for my friend who won 2 other high court appeals by his wife on custody matters, while arguing party in person. My strong advise is, if you can attend personally, do not hire advocate.

Ravi (a)     30 July 2018

dear all,

thank you for your replies but this is not exparte order. i filed 498a acquittal order that has points in favor me and points agains the lower court, police and the witnesses and i filed this judgemnet as exhibit. also, there was no income document on record in the evidence. they say 3lakhs after all deductions and i say 40000 after all deductions. she admited she worked beofre marriage and during litigation but denied the current job. although there are seveal supreme court judgments abuot working & qualified lady not eligible for mainetence.

 

why did the DVC court ignore these facts?

1. when 498a itself is acquital, where is DVC

2. when there is no DV, why maintenance

3. when wife admitted herpast working and qualification, why huge maintenance

 

are not these grounds considered in the next sessions court?

i am hiring a senior advocate for revisiion petition and he also got shocked to hear when i told him about huge maintenance. he clearly mentioned this is extra ordinary amount without any income proof and told this will be collapsed when argued in sessions?

is he right in saying?

i am also awaiting for judgement to come to check on what basis this huge scneario. as told youso many time, the OP lawyer is a senior influential lawyer and his relatives are also magistration in one city or other. like he bribed 498a judge last year for conviciting us, the same he did with DVC judge to get huge maintenance in the girl's favor.

Ravi (a)     30 July 2018

can i submit my salary payslip in sessions along with liabiliies that i have like loan, dependents, etc? can sessions consider these facts?

when the payslip is submitted, what will OP lawer do? Please advise.


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