Nikhil 20 December 2015

Court order under sec 125

My sister is fighting a court case against her husband under section 24. Originally, he (my brother-in-law) filed a case under section 9 (subjugation of conjugal rights) and my sister responded to the petition along with filing a temporary maintenance under section 24. After due course, the court has rejected his petition for subjugation of conjugal rights. Court has also accepted my sister's petition and offered maintenance to her. The part where we are confused is that the court order is under section 125 (though we never filed anything under section 125) and the court has asked him to pay a lump-sum amount from 15-Jul-2013 to 20-Oct-2014 and ongoing monthly maintenance from 21-Oct-2014 for the lifetime. Our lawyer is saying that court has made the mistake and since our original case is under section 24, we are only going to get a lump-sum and not monthly maintenance. We want to know if court can make such a mistake. The court order clearly asks him (my brother-in-law) to pay lump-sum and monthly maintenance. Can court issue an order in section 125 when we did not even file our petition in that section? Please advise.

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7 Replies

Arvind Singh Chauhan (advocate) 20 December 2015

I dont think that there should be such mistake. If there is such mistake review can be filed to correct this order.

SAINATH DEVALLA (LEGAL CONSULTANT) 20 December 2015

' Court has also accepted my sister's petition and offered maintenance to her'

What was that petition/clarify

Nikhil 21 December 2015

My sister's petition was for interim maintenance under Sec 24. Court has passed the execution but instead of offering interim maintenance, they have offered one-time lump-sum as well as monthly maintenance. The court order says that it is under Sec 125 CRPC. We never filed section 125. Trying to understand if court can offer maintenance under sec 125 even though we did not file any petition under it. My sister has a strong case due to genuine reasons and court has been supportive of her case. They have ordered my brother-in-law's company to get involved as he was not willing to pay. His company is willing to comply with the court order fully. Our lawyer is saying that we will not get monthly maintenance.

Dr J C Vashista (Advocate) 21 December 2015

I donot agree with your statement .Discuss the issue with your advocate, the Court cannot make such a glaring mistake. Even if so, your brother-in-law shall get it rectified otherwise your sister is benefitted she should file execution to get the decretal amount from her husband.

Nikhil 21 December 2015

My sincere thanks to all of you for providing guidance in this regard.

@Dr Vashista - I am glad that you don't agree with my statement. Actually, it is our lawyer's statement and even we don't want to agree with it. We are also of the opinion that the court cannot make such a basic mistake. We are not able to understand why our lawyer is not willing to support this. We will push from our side to move forward with court's ruling. They have already ordered by brother-in-law's organization to attach his salary. Hope this process will work as we have been struggling to get to a conclusion for the last 3 years. Do you advise anything else that can be done to make sure that we are closing the loop? Thanks again.

Advocate Ravinder (Advocate/Attorney) 21 December 2015

Court will not do such bluder mistakes. Your lawyer might be telling lie to you. Check up by yourself by meeting the Superintendent of that particular court (Section). He will explain you everything.