Interim compensation in dv case.
Athi Vishal HD
(Querist) 18 February 2015
This query is : Resolved
Respected Sir/Madam,
In DV case which filed in 8/2013, lower Court interimly ordered to pay 10000/-PM out of take home salary from the date of filing of application. (At that time my tot Salary was 31000/-, take home salary was 17000/-)
I appealed to the higher court and court dismiss the appeal.
After this the lower court in Feb-2015 is ordered to pay the balance amount of Rs.190000/- for 19 months within 3/3/2015 and after that 10000/-PM till dispose of the case.
But in meantime I got suspended from Govt.Service since lost 9 months and Gross Salary is 19000/- and take home salay is 4000/-.
when I asked my Lawyer to bring my salary details to lower court, he told that it is not possiblearrange the money and give it to my wife on 3/3/2015 without fail,otherwise court will ordered to arrest me.
Since the order passed by lower court is interim and my take home salary is 2 times lower than compensation amount, Is it any provision to approach the lower court to review the interim order in view of my present financial condition?
Devajyoti Barman
(Expert) 19 February 2015
File an application u/s 25 in the same court and ask for modification of the interim amount on changed circumstances. Until and unless the court allows your prayer you have to comply the order which is force right now.
P. Venu
(Expert) 19 February 2015
Is the amount paid through attachment from salary?
Rajendra K Goyal
(Expert) 19 February 2015
You can prey the court to consider your present pay.
It is doubtful that court would agree for not paying the arrears or would reconsider it.
ajay sethi
(Expert) 19 February 2015
agree with experts . apply for modification of order on account of changed circumstances
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
Yes, an application to modify the order in view of the changed circumstances may bring some solace.
Athi Vishal HD
(Querist) 25 February 2015
Respected experts I asked my lawyer to file u/s 25 as advised by devjyoti barman Sir. But my lawyer said there is no such sections existed and the only remedy is we have to move highcourt to stay dv case. Please guide me. My lawyer said court will order FLW IF I failed to pay 130000 on 3/3/2015 ..
Athi Vishal HD
(Querist) 25 February 2015
Respected experts I asked my lawyer to file u/s 25 as advised by devjyoti barman Sir. But my lawyer said there is no such sections existed and the only remedy is we have to move highcourt to stay dv case. Please guide me. My lawyer said court will order FLW IF I failed to pay 130000 on 3/3/2015 ..
Athi Vishal HD
(Querist) 25 February 2015
Respected experts I asked my lawyer to file u/s 25 as advised by devjyoti barman Sir. But . lawyer said there is no such sections existed and the only remedy is we have to move highcourt to stay dv case. Please guide me. My lawyer said court will order FLW IF I failed to pay 130000 on 3/3/2015. ..
Please guide me its very urgent
Guest
(Expert) 25 February 2015
Evidently, your lawyer is misguiding you. You may better request your lawyer to recheck about Section 25, which duly exists in the Hindu Marriage Act and deals with the matter on Permanent alimony and maintenance.
It seems your lawyer is not working in your interest, as you are talking about maintenance, while your lawyer is interested in appeal in DV case just to earn more money from you.
You are very well within your right to apply for modification of orders on maintenance due to your suspension from duty and ewduced amount of subsistence allowance.
Athi Vishal HD
(Querist) 25 February 2015
Thanks Sir.
Please tell me where should I file application u/s 25 of DV Act-2005, in Lower Court(where the interim order given) or Higher Court?
Please Sir.
Guest
(Expert) 25 February 2015
Yes, in the same court.
Athi Vishal HD
(Querist) 25 February 2015
Just now I again asked my lawyer to file application u/s 25, but he get angry and he refused to do the same.
What is the procedure to change the lawyer?
Guest
(Expert) 26 February 2015
His attitude, as per your information, reveals that he will not give you NOC to change a lawyer. So, you may request the judge to allow you to change the lawyer.
Advocate Rajkumarlaxman
(Expert) 19 February 2015
