125 crpc as well as 498-A

raahat (Querist) 14 August 2010 This query is : Resolved
Dear Experts,
My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 in which is accepted the divorce but later she withdrawn the same after the dismissal of the RCR and she also started to denied the factum of divorce. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. In 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498-A/406 she is claiming that i m doing nothing and she has maintained to me by doing service but she later denied that she is working although i have placed on record the ESIC certificate but court has overlooked the same. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.

Ur adivce in this regard requested and guide me at very earliest.

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Adv Archana Deshmukh (Expert) 14 August 2010
You can go in revision against the decision of the magistrate in the 125 case.

Guest (Expert) 14 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1.YOU BE CONFIDENT AND KINDLY NOTE THAT YOU MAY FILE REVISION / WP TO THE HIGH COURT /SESSIONS COURT FOR STAYING AND REDUCING THE MAINTAINENCE AMOUNT.
YOU MAY WRITE FOR ANY FURTHER HELP .GOOD LUCK

Rajeev kulshreshtha (Expert) 14 August 2010
I agree with Adv. Archana and in addition you can get the stay order. Don't panic do your fight having faith in law .

s.subramanian (Expert) 14 August 2010
I agree with Adv.Archana.

raahat (Querist) 16 August 2010
LOTS OF THANS TO ALL THE EXPERTS FOR GIVEN ME YOUR VALUABLE ADVICE.

I filed the revision in the session court right after the interim maintanace order but the same was dismissed. Can i again go for the revision ? if yes, where i file the revision ? it is pertinent to mention here that session court has refused to stay on execution for the payment of maintainance.

Rajeev (Expert) 16 August 2010
Dear Raahat, as your revision was dismissed you have to move to High court under writ petition.

raahat (Querist) 21 August 2010
Rajeev Sir,
I am highly greatful to u for ur advice. Sir I have asked some queries on 19 aug too regarding my case. I will appreciate ur kind advice on that subjects too.
With regards,

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