Appeal against maintenance
sudhir
(Querist) 18 February 2014
This query is : Resolved
My estranged wife salary is more than mine, yet the court has awarded 40% of my salary to my wife for my 2 kids in sec 125 as interim maintenance.In the order, the judge noted that wife is earning handsomely, yet awarded such high maintenance stating that kids are joint responsibility. After 30 days of order, she filed for enforcement. Now the judge is saying to pay within 3 days in court itself otherwise she will attach my salary and put me in jail. I want to appeal against such high maintenance but the judge is effectively ensuring to close that option. How can I exercise my right to appeal because the order has been given only 31 days back ?
M.Sheik Mohammed Ali
(Expert) 18 February 2014
you can apply at first appeal the same court, or go to stay for direction, and also you remember one thing you should proved before the court that your wife get salary than you. then only the court will allow.
sudhir
(Querist) 18 February 2014
Can I appeal in the same court? It is JMIC court.
Devajyoti Barman
(Expert) 18 February 2014
No, go for revision in high court. Time is 90 days from date of order.
sudhir
(Querist) 18 February 2014
But the judge is asking to pay within 3 days otherwise threatening me with attachment of salary and imprisonment
Devajyoti Barman
(Expert) 19 February 2014
Make a part payment and ask for further time.
In the meantime file revision.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 February 2014
Law and legal practices are always tactics and no simple and straight methods.
Maintenance is right and has been upheld many times by APEX COURT but with a rider that your spouse has left without proper and valid reasons.
Well most people disagree but RCR is simplest of simple tactic to avoid maintenance.
Keep sweet verbal outbursts and go on hammering that you are ready to keep the spouse with folded hands.
There are countless no of ways where without any LEGAL blame remember the words LEGAL BLAME she will refuse to join you.
You can achieve both objectives
I can not detail all the tactics on a public forum but read with open eyes many husbands have posted various tactics. One sufferer has posted a story few days back in this section that husband started living in a slum and inviting the spouse with folded hands to join.
Rajendra K Goyal
(Expert) 19 February 2014
The decision is 31 days old, you should have preferred an appeal till date and taken a stay on order.
Now Proceed as advised by the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
Preferring an appeal before the higher court will be the only solution available before you now. Do it at the earliest, why waited so long for the things to get developed to this extent.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 February 2014
No HIGH COURT admits any appeal in such cases without payment of dues.
A SMALL FIRE CAN BE PUT OFF BY SMALL BREEZE BUT IF FIRE BECOMES BIG EVEN BIG FIRE WILL BLOW IT UP FURTHER.
Biswanath Roy
(Expert) 20 February 2014
Pay a cheque of 20% to your wife along with a forwarding letter under Registered with A/D Post AT HER ADDRESS as part payment in terms of the order assuring rest payment of 20% will be made within seven days and file an appeal against the order along with a stay petition praying for a stay order against the order for payment of maintenance of your kids.
