When to pay and how much to pay, revison petitin on 125 crpc is pending
Raj
(Querist) 24 January 2015
This query is : Resolved
Sir,
The Ld JMIC has awreded high maintennace against my brother Rs 30,000 per month to wife ( his inocme is Rs 50,000 per month)..we challenged the order before the court of session through revisiosn petition.The ADJ admitted our petition with directions that brother should pay 75 % amount which he complied..The session court requestioned records and the matter is now pending for 1 year.The trail court consider the case as "docket"..now its at argument stage and is fixed for 2 march 2015..the ASJ has send the record to trial court and directed to requestioned 2 days before the next date of hearing
Now my query is since the records has been send to trail court , his estarned wife i sready for execution application for remaining arreas for 1 year.In that case whether brother is bound to make payment as the fate of the case has not been decided?
if yes, how much is liable to make payment?
whether trial court can iniate proceedings against my brother for non paying of arreas despite of fact that matter is pending before the traial court?
what will be the suitable defence??
please guide us
T. Kalaiselvan, Advocate
(Expert) 28 January 2015
It will not be EP in maintenance case under 125 cr.p.c., it will be collection petition which can be filed for arrears upto one year. Thus if there is no stay against the payment of arrears, she can very well proceed with the same, the quantum will depend upon the orders of the rial court.
