Rimi 29 October 2017

Need suggestion on maintenance case prior to judgement

I am the party in person. I have a maintenance case whose order will be passed in 10 days. 7th pay commission circular came to me according to which salary will increase from 2016 Jan. Under this circumstance, what is suggested?

1) Shall I recall under section 311?

2) wait for this judgement to pass and if it is really low then apply for enhancement under section 127. What is the chance of getting hard in the recall?

What is the pros and con for both the process? As I never got any interim in last 3 years, I was hopeful to get some relief, but now confused if I recall then it will be delayed by 2 to 3 months or more. And if I go for enhancement later, what is the chance of getting an enhancement?

3) Is there any other option as well which I am not aware of.

Thank you for your time

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5 Replies

Jaspal singh (practicing lawyer) 29 October 2017

I hope u must be talking about maintenance in section125 CR.P.C.. As per my suggestion let the order comes first and than u have a better option to maove an application u/s 127 CR.PC for enhancement..beacause after moving an application, beacuse there is enhancement in income and the circumsatnces has been changed now you will get the benefit of section 127. Judge have to see his present income not future let the order comes..there is alwys open for u for enhancement. Regards Jaspal S Maini(Adv) 9999987283

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Jaspal singh (practicing lawyer) 29 October 2017

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(Guest)

Wear some old saree or some old chudidar and go. Go for those used roadside sarees and chudidar. The omre phatichar u look, more ali munni.

More jhakas appearance, no alimony. forget enhancement

Nitish Banka (lawyer) 29 October 2017

let the judgement be passed and then you may move for enhancement

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manoj 29 October 2017

Better recall the witness and record evidence and go for arguments on that aspect, otherwise it take lengthy procedure to enhance later. The main difference from trail court and appellate court is, In trail court the court will observe the conduct of the witnesses and where as the appellate court will never see the witnesses, the advocates will argue the case on merits. You better recall and record the evidence.

manoj

advocate

8686159292

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