Writ petition
ksy
(Querist) 29 November 2012
This query is : Resolved
THE trial court has ordered me to pay 10,000 p m
the same was challenged in high court with a rpfc and stay was granted and was asked to pay @3000 p m till date and was paid
subsequently on oct 3 the case was dismissed
now
1 what case should i file in high court can it be a writ petition or second review petition
2 within how many days can i file it
change of circumstances
3 how should i demand her current matrimonial status since
the girl has got remarried secretly in a temple and has moved with her husband
i have neighbors who are ready to come to court and give witness [except this i don't have any other proof at the moment ]
now please advice how to proceed
moreover my s l p time limitation is also coming closer
ajay sethi
(Expert) 29 November 2012
contact a detective agency and get proof of her remarriage .
what were the reasons for dismissal of case by high court?
. if you are aggrieved by high court order then you have to move supreme court .
Raj Kumar Makkad
(Expert) 30 November 2012
The oral evidence of neighbor who either took part in the marriage ceremony or is having personal knowledge is sufficient for this purpose.He has to depose in this case. You can lodge a criminal complaint under section 494 of IPC against your wife and can get divorce on this sole ground before family court.
ksy
(Querist) 30 November 2012
the divorce was granted ex parte in 2008 itself where i did not appear
now they are demanding money through maintenance
can i get the neighbor and get his statement recorded
please let me know
ajay sethi
(Expert) 30 November 2012
you have to prove her remarriage . there must be some marriage pics or video recordings . the photographer who took picsor pandit who performed the marriage . . gather all evidence that you can to strengthen your case . hence i suggested hiring of detective agency .
ksy
(Querist) 30 November 2012
THEY HAVE GOT MARRIED SECRETLY AND
THE GIRL HAS SHIFTED FROM HER HOUSE TO HUSBANDS HOUSE
ANYWAY WE ARE TRYING TO GET THE BOYS DETAILS
now the court has sent me notice to pay up the balance due till date
the judgement was given on reference of other case [which was parallelly running in high court ]in that case the husband has won the case
I HAVE COPY OF THAT WITH ME
hence should i bring this issue to trial court s notice or should i try high court [in what case should i file RPFC/MFA/WRIT
PLEASE LET ME KNOW
Raj Kumar Makkad
(Expert) 01 December 2012
You should move an application before the Court that your wife has re-married many years ago and thus you have no liability to pay and you may further pray before the court to get affidavit from your wife whether she has performed her re-marriage or not so that the desired relief may be got obtained and a criminal case under section 340 Criminal procedure Code may be got initiated against her.
ksy
(Querist) 01 December 2012
ok sir
should it be in trial court or high court
Raj Kumar Makkad
(Expert) 02 December 2012
It should be in High court as lower court is bound to follow the verdict of High court.
