dv act maintenance case
Gouri
(Querist) 20 April 2019
This query is : Resolved
DV act interim maintenance was allowed by court in 2017 sep for 9K (when I mentioned me and my son is receiving maintenance under family court 3k and 4k respectively), my husband then took this matter to higher court, session court (Kolkata), when Additional judge cancelled my whole 9K after 12 month waiting in 2018 October, saying that since I am receiving 3k per month there is no cause to allow the maintenance (before the order judge sent us to mediation, at city court Kolkata, where my husband lawyer of Session Court appeal was mediator, I rejected, and asked for another mediator). I gave already all information how much he earns, about 1lac a month, he has a land 50%, and 50% in my name, he is earning from tenants there too about 12 tenants. Now I took this matter to calcutta high court, where I requested a lawyer from legal aid, he didn't mentioned about tenants in the petition he filed, he said he will mention it later.
Any help please what should I do?
Gouri
(Querist) 20 April 2019
Forgot to add, no stay was granted by session court, then the case was transferred to another court room in session court and it was cancelled.
Gouri
(Querist) 20 April 2019
Please help if possible.
Dr J C Vashista
(Expert) 21 April 2019
Send a copy of entire case file for consideration and analyses, if you may feel so, at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
Vijay Raj Mahajan
(Expert) 21 April 2019
The matter is subjudic and under consideration of the Calcutta High Court where all aspects will be taken into consideration.
50% land you own was the matter of concern from where you were getting income that made the Session Court cancel order of entire maintenance.
The mistake is the Session Court should not have cancelled the maintenance for minor child which definitely the High Court will restore back.
My email: vijaymahajan5758@gmail.com
P. Venu
(Expert) 21 April 2019
Had you disclosed your income in the original petition? Whatever the situation, the minor child is entitled for maintenance.
