Appeal against sec 125 order of trial court
A Sarkar
(Querist) 10 July 2013
This query is : Resolved
Dear Sir/Madam:
Thanks a lot for your advice. It gives me real strength.
Just to keep things in perspective. I was employed in a private company upto Feb'2011. My take home salary was Rs.30000 as per last payslip which I gave as evidence to the court. But my wife filed 125 on April 2011. When I was unemployed and the same have also been admitted. The reason for my being unemployed was my poor performance due to marital disorder and the company terminated me (I have a the mail communication from company HR which states that and which I gave as evidence and which the trial court also accepted). Subsequently I tried to get some job but was unable to find one because of bad reference check feedback. Now I got a job on 12th of July with salary of 12700/-. The order date is 6th July. Can you advice whether the appeal coort will take the new salary for revising the maintenance amount (I understand that the earlier order was based on my last drawn salary and did not took into consideration the fact that I am unemployed, though accepted based on evidence).
Thanks in advance again.
A Sarkar
Adv Archana Deshmukh
(Expert) 10 July 2013
Do challange the judgment of the JMFC as the total maintainance awarded is quite excessive compared to your earnings.
Rajendra K Goyal
(Expert) 10 July 2013
Agree. You should challenge the decision of maintenance awarded.
Raj Kumar Makkad
(Expert) 10 July 2013
The judgment seems erroneous on its face so the only option is to challenge it before Sessions Court and obtain stay order against its execution till the finalization of the revision.
Devajyoti Barman
(Expert) 11 July 2013
Yes , highlight her working status. The quantum should be revised unless her earning is negligible.
A Sarkar
(Querist) 11 July 2013
Dear Sir/Madam:
Thanks a lot for your advice. It gives me real strength.
Just to keep things in perspective. I was employed in a private company upto Feb'2011. My take home salary was Rs.30000 as per last payslip which I gave as evidence to the court. But my wife filed 125 on April 2011. When I was unemployed and the same have also been admitted. The reason for my being unemployed was my poor performance due to marital disorder and the company terminated me (I have a the mail communication from company HR which states that and which I gave as evidence and which the trial court also accepted). Subsequently I tried to get some job but was unable to find one because of bad reference check feedback. Now I got a job on 12th of July with salary of 12700/-. The order date is 6th July. Can you advice whether the appeal coort will take the new salary for revising the maintenance amount (I understand that the earlier order was based on my last drawn salary and did not took into consideration the fact that I am unemployed, though accepted based on evidence).
Thanks in advance again.
A Sarkar
A Sarkar
(Querist) 12 July 2013
Dear Sir/Madam:
Thanks a lot for your advice. It gives me real strength.
Just to keep things in perspective. I was employed in a private company upto Feb'2011. My take home salary was Rs.30000 as per last payslip which I gave as evidence to the court. But my wife filed 125 on April 2011. When I was unemployed and the same have also been admitted. The reason for my being unemployed was my poor performance due to marital disorder and the company terminated me (I have a the mail communication from company HR which states that and which I gave as evidence and which the trial court also accepted). Subsequently I tried to get some job but was unable to find one because of bad reference check feedback. Now I got a job on 12th of July with salary of 12700/-. The order date is 6th July. Can you advice whether the appeal coort will take the new salary for revising the maintenance amount (I understand that the earlier order was based on my last drawn salary and did not took into consideration the fact that I am unemployed, though accepted based on evidence).
Thanks in advance again.
A Sarkar
A Sarkar
(Querist) 13 July 2013
Dear Respected Lawerys:
Can you please a little time of yours from your busy schedule and throw some light to my qeryes above.
Thanks in advance.
A Sarkat
