Interim maintanance
Pavan
(Querist) 23 May 2012
This query is : Resolved
D/Experts,
A case under DV Act filed by my wife in retiliation of my initial case of RCR u/s 9, the court has ordered monthly interim maintance of Rs. 5000.00 , without considering my income and statuaory expenses , which I had detailed in my reply and my Advocate explained to the court in arguments. The order is almost onesided and my advocate is suggesting to appeal in other court for the same. Is this kind of judgements are for harassment of men and whether, the other allegations levelled on me in the DV case will also be decided like wise?. Please suggest , whether I can put application on high court to shift my case to another court , because the present court is making partial decisions in favour of other party being gender biased mentality.
Request for shifting the case to another court to be made to which authority ? Please give solution and advice.
ajay sethi
(Expert) 23 May 2012
what is your income ? payment of rs 5000 a month is reasonable amount . if your wife is not working then rs 5000 is not a substantial amount .
if you are aggreived by interim court orders you can go in appeal to sessions court .
dont make application for shifting case without consulting your lawyer
Shonee Kapoor
(Expert) 23 May 2012
RCR is a useless case and invariably brings DV/ 498a in retaliation.
Unless we know what is your income and how 5000 is unreasonable, it is difficult to suggest whether to go for revision or not.
Revision only happens on few legal grounds.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Jayashree Hariharan
(Expert) 23 May 2012
Hello,
while deciding upon the maintenance amount, the judge will see the background, lifestyle, son/daughter (who is with your wife), her education, earning capacity....
It is upon you to prove that you cannot pay so much. which you should have done in the lower court. Now what you can do is only go on review to the High Court, against the interim maintenance
SAINATH DEVALLA
(Expert) 23 May 2012
I think you have been misled in filing RCR initially.That gives an added advantage for women to give you sleepless nights by filing 498a and DV.
Strategy and facts to remember to fight RCR.
Section 9 RCR can be filed even if she is staying WITH YOU.
Desertion is NOT a mandatory condition.
If she stops talking to you, you can file RCR
If she sleeps on different bed, you can file RCR
If she refuses to attend any marriage party, you can file RCR
If she refuses to welcome your guests, you can file RCR
Restitution of conjugal rights (RCR) is a civil case. It is a legal way of showing your interest in getting your wife back.
Normally, a wife will not come back once you have filed RCR. If she does, it'll only be to fabricate evidence against you. Therefore, in your RCR, never mention your parents' address as your current address. Hire an accommodation of a room and a toilet and give the address of the rented accommodation in your RCR. Even if she comes back, she is likely to run away from the rented accommodation within in a few days. Meantime, use technology to expose her.
Now note during the initial petition for RCR do not mention any conditions in it come what may - you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives.
By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.
As far as the maintenance awarded is concerned,if the contents of your query are true,then the decision is baised.Try to post the contents of the order.
