Maintenance order passed at 2 states, should i transfer the


I have applied divorce petition at kolkata on 2014, my wife filled a restitution of conjugal rights at nashik on 2013. She claimed maintanance at both places. Now Nasik court gave order of 10,000 as maintanance. also Kolkata court gave order 10,000 excluding Nasik's amount. Ie Now I am bound to give Rs 20,000 per month. My case got stuck up. And I cant give such amount on monthly basis. What should I do, If I apply at High Court Kolkata about the aditopnal 10,000 grant, they may say that Girl have to come to kolkata for latigation so this additional cost. Now my question is If I transfer my case from kolkata to Nasik, will I have to pay 20K per month? or just 10K

 
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Senior Partner

1. The immediate thoughts that comes to my mind is "SMART" i.e. either of the party to such litigation is smart.


2.
Having thus opined, whichever way you read so and so, first tell this forum following;


2.1
Were you aware of her case which she filed at Nasik? Is she aware of your case which you filed at Kolkatta?


2.2
Has she filed any Execution petition to her Maint. Order at Nasik and is there any Execution Order for Kolkatta suit matter in favor of her?


2.3
Who appeared on her behalf at Kolkatta suit matter bze. of which she was awarded Maint. in your
Divorce suit matter? 


2.4
Has Kolkatta Court given Order for 10,000, besides Nasik Court giving Order of 10,000 ?


2.5 I assume either Courts S. 24 HMA were filed by your wife against which maintenance Orders respectively were announced ?
 

While you appraise this forum with above asked briefs, meanwhile to pacify you my 2 Cents are as follows; You are suggested to pay only 10,000/- (check reading down the Order o kolkatta Court if it is from date of her application or from date of Order?) that also at Kolkatta suit matter of yours so that it kicks up and True Certified Copy of such payment being met by you regularly shall be placed in record at Nasik suit matter of hers to nullify each men sum Order of maintenance which Nasik Court also Ordered accordingly. You need not have to approach for transfer of your divorce suit matter from Kolkatta to Nasik Court. I would suggest in this connection, let her do such leg work (i.e. by approaching Hon'ble Supreme Court such trans-State transfer of family matter suit matters Order's are requested and are 'expensive' way outs. I would suggest not to seek withdrawal of yoru divorce suit matter at all from Kolkatta Court(s). The moment you start following these advice's your worries of 20,000 and also transfer of your case to her jurisdiction will subside and you start concentrating on just one course of action in immediate future i.e. is it that you want to divorce your wife or is it so that you want to live with her un-conditionally ? 


BTW, donot answer back to me, questions thus asked by me, were for your esteemed advocate to answer back to you and also some advice's were for you to introspect.

 [Last reply]

 
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LEGAL CONSULTANT

Only the first order for  maintenance should be taken into consideration

 
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You may first file a revision of an appeal against the order of maintenance order by Kolkota court in the high court based on the award already passed by Nasik court, after the outcome, you may think about next course of action.  Take the advise of your advocate on those issues suggested by Mr.TajobsIndia also.

 
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