Appeal against maintenance order

Querist : Anonymous (Querist) 09 June 2018 This query is : Resolved
Hello experts

I had filed divorce petition in 2015 but case was closed ex parte in june 2017 as my lawyer did not inform me about dates neither he attended court himself.
Meanwhile my wife transferred rs 3.60 lakhs from my personal account on 19/3/16 and rs 1.50 lakhs from my overdraft account on 12/4/16. Please note that she filed for maintenance on 11/4/16.
Family court passed final order on 23/5/18 but my lawyer infomed me on 01/06/18.

The order says that i have to pay rs 5000 for her and rs 2000 for child per month with effect from 11/4/16. That would amount to nearly 2 lakh rupees. Already she has taken more than 5 lakhs. My net income is just 30000 per month and since she took money i cant arrange the said amount.

The point to note is
She has admitted in court that she has taken more than 5 lakhs from my account.
Another point is
The order says that i have not submitted any proofs from my side neither i have appeared for cross examination. The problem is that i could not get leave from office and when i managed to get leave my lawyer would request for another date to the judge. I has also given my passbook to the lawyer as proof but it appears he has not submitted it in court.
I would like to know whether it is advisable to appeal against the order in high court with requisite proofs. I am asking for yor valuable opinion since the lawyers fees in high court are very exorbitant. I also do not know her present address.
My lawyer is refusing to give me my file back. How should i handle the situation. Please guide me because time is running out. I am yet to receive a hard copy of the order.

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Siddharth Jain (Expert) 09 June 2018
you should definitely file an application under 126(2) to set aside ex parte order against you in the same family court.
you can also apply for CC of said judgment yourself.

for any other queries feel free to contact me at isidjain1@gmail.com

Vijay Raj Mahajan (Expert) 09 June 2018
Your lawyer was a big cheat and most unprofessional. The case of maintenance as well the divorce case were not at handled properly by him, he must have got allured by the opposite party for some reasons. If he's not returning the file, just report about him to Bar Council of the State for his unprofessional acts and get his enrolment revoked.
As far appeal in the High Court is concerned that may not succeed for the simple reason that the amount of maintenance granted to wife Rs5,000/- PM and child Rs2000/- PM is not so high considering your income Rs30,000/- PM, that it will be set aside by the High Court.
Yes your wife had admitted to have taken Rs5 Lakhs from your bank account will be deducted from the amount of maintenance she was allowed from the date of application 11/4/16 till date during execution of the order of maintenance. This you can always fight out in the Execution/Trail/Family Court itself and no need to go to High Court for it. Once the amount of Rs5 Lakhs get adjusted, there after you need to pay the amount of maintenance allowed to both the wife and minor child.

Querist : Anonymous (Querist) 09 June 2018
Thank u sir. What would be the time limit within which i can apply for reconsidering the order? Can i change my lawyer? Would i need the file for applying again in the family court?

Guest (Expert) 09 June 2018
No doubt your Advocate is a very Good Person with Moral Responsibilities and you should not accuse him for any reasons

Guest (Expert) 09 June 2018
Bar Council would just check you out if you go with such invalid complaints and even the Advocates Associations will not be watching it if you go with illegal complaints.

Guest (Expert) 09 June 2018
If you are not able to get leave what your advocate could do for that. It is mandatory for the husband and wife to be present in Family Courts.

Guest (Expert) 09 June 2018
Instead of Crying and Speaking about the money which your wife had honestly accepted that she had taken it what else you want.

Guest (Expert) 09 June 2018
More than husband you are now father also better have a reconciliation with your wife thro the elders and seniors of both the families and get united with your wife atleast for the sake of your child and lead a pleasant and peaceful life.

Ms.Usha Kapoor (Expert) 10 June 2018
Since you have become father try to live amicably with your wife.If your Lawyer's services are doubtful change the lawyer.Is your wife highly qualified? since both of you are educated you can mutually understand each other and then adjust to each others short comings.

Now that you have become a father you should feel responsibility and try to resolve the thorny issues amicably with involvement of neutral elders from both sides and patch up.If your wife is highly qualified you both as educated couple should mutually understand each other and finally resolve the issue. Both of you forget and forgive each other.
Si9nce both of you are educated couple you mutually understand each other you can accommodate the other partners short comings and get used to it. Good Luck!

R

Ms.Usha Kapoor (Expert) 10 June 2018
As both of you are grown up and 2 mature individuals with gradually associating with each other.Moreover you both are educated. Encourage your wife to qualify more or let her learn some job or professional skills in a coaching Institute where she can Learn these skills. and afterwards would make some money.. Tell her to read good books mainly in English.

Dr J C Vashista (Expert) 11 June 2018
If you are seeking obligation from experts FREE OF COST you are required to disclose your identity as per rules of this platform, no reply for an anonymous author.

Ms.Usha Kapoor (Expert) 22 June 2018
3I coNcur wi9th Vijay Raj Mahajan.

Appeal against maintenance order

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