How to file revision against maintenance order by metropolitan magistrate
Anil
(Querist) 02 July 2013
This query is : Resolved
Dear Sir,
I have bounded to pay maintenance in DV case which is exactly 1/3 of my salary. I want to go in revision against this order. But it becomes more than 90 days. So let me advise, may I able to file for revision and if yes then will I get rebate in maintenance fee.
Devajyoti Barman
(Expert) 02 July 2013
You can challenge it in sessions court. The delay would be condoned if you explain the delay in the petitioner u/s 5 of the Limitations Act.
Consult an advocate.
ajay sethi
(Expert) 02 July 2013
we do not know what is your income ? what order has been passed by magistrate ? how can we say hat you will get rebate in maintenance or not . we can only say that court may condone delay in filing revision if you explain reasons for delay
Anil
(Querist) 02 July 2013
my salary is 25000 approx and court ordered to pay 8500 p.m.
ajay sethi
(Expert) 02 July 2013
it is reasonable amount considering your income . i presume your wife is not working. it dosent make sense in challenging said order .
prabhakar singh
(Expert) 02 July 2013
Unless your wife is employed amount awarded is reasonable.Do not risk to get it enhanced by filing revision.Some time it happens so also.
Anil
(Querist) 02 July 2013
She is graduate lady(I don't know working or not as she mentioned in her petition she is house wife). She joined me only for 3-4 week in installment, She filled all possible cases against me. First cases she filled DV and 125 crpc under which I was bounded to pay 8500(1/3 of my salary), simultaneously she filled 498 and I was arrested and latter got bail (the charge sheet has to be submitted soon). I have filled Divorce case which is also pending.
I was always ready to settle matter but she refused to join me and demanded huge money.
Please let me also suggest the following queries:
1] Is it possible to get the divorce?
2] Is the said amount ordered by court can be consolidated in a single amount instead of per month (life time)? if yes then what should be a guessable amount?
3] If the compromise would take place again, for what amount should I get agree? (she demanded 12-15 lacs)
4] How can I get discharged in 498 case (recovery has done)
Thanks in advance
Adv. Chandrasekhar
(Expert) 02 July 2013
In DV case, the orders are appealable before the sessions court and revision petition does not lie. You can file appeal with application for condonation of delay showing reasons for delayed appeal.
1] Is it possible to get the divorce?
Divorce is possible only when you prove the grounds - cruelty, desertion, adultery etc. Otherwise difficult to get divorce.
2] Is the said amount ordered by court can be consolidated in a single amount instead of per month (life time)? if yes then what should be a guessable amount?
If other party agrees to receive lump sum then you can put your request before the court.
3] If the compromise would take place again, for what amount should I get agree? (she demanded 12-15 lacs)
That depends upon various factors and the amount cannot be calculated precisely.
4] How can I get discharged in 498 case (recovery has done)
If the other party agrees, then you both can move petition before High Court for quashing the FIR and criminal proceedings.
R.K Nanda
(Expert) 02 July 2013
nothing to add.
Raj Kumar Makkad
(Expert) 03 July 2013
I do endorse the views of Adv. Chandu who has dealt the query in wise manner.
Devajyoti Barman
(Expert) 06 July 2013
The order of maintenance is fairly reasonable though you can apply for its decrease in the sessions or high court.
V R SHROFF
(Expert) 06 July 2013
You did not mention any child of marriage?
Whether she was working in past, AND NOW LEFT IT TO GET HIGHER MTN?
DO U HV DEPENDANTS ?
Anil, DAMAGES THAT SHE CAN DO, ARE ALREADY DONE. ,498/ DV 125 ALL OVER..
Now it is your turn../
A graduate will not like to loose 25k salary p.m. to get 8k mtn p m for life time??
Need to plan well for next 5 yrs.
If necessary, file revision in sessions c delay condonation, if abovesaid fact support you.
Apex court do not encourage graduate wife to sit at home and collect mtn.
Anil
(Querist) 06 July 2013
Sir,
Below is the complete status:
1]I was married with her in 2009.
2]She left her matrimonial home next to the suhagrat.
3]We could not make any physical relationship as she was not ready for this.
4]When she was not back after 5-6 month after married I was try to back her by family meeting with her relatives and parents, but not successed.
5]I was filed sec. 9 to back her through court, as suggested by advocate, she doesn't appear but went to CAW cell and join with me for 2 weeks, in absence of me she thefted my all document including bank and service paper. I was launch FIR but no action has been taken. I was filed Divorce and she filed DV,125 etc.
6] After getting arrested, I have lost my job.
7] We have no child and she was not working when merried.
Devajyoti Barman
(Expert) 06 July 2013
She is entitled to maintenance as per your earnings.
Raj Kumar Makkad
(Expert) 06 July 2013
You are liable to pay maintenance to your wife. It would have been better for you to go for nullity of marriage instead of divorce as the marriage has been consummated till to day as per your version.
Devajyoti Barman
(Expert) 07 July 2013
If you disclose your income then we can predict the quantum of maintenance.
