28 November 2020
My wife failed a maintenance case U/s CrPC 125 in July 2016 in which JM ordered a interim maintenance of Rs. 15000 per month for both my wife and child. I was paying the interim maintenance regularly as per order. Unfortunately my wife was not appearing to give her evidence as soon as the interim maintenance order was passed. She dragged the CrPC 125 without giving evidence till 2018. Even she did not appear after showcause by JM and therefore the case was dismissed on default on 30.04.2018. Thereafter my wife approached the same JM court for revival of the case, but was rejected. Hence she appeared high court U/s 401 read with 482 for the revival of the CrPC 125 case. But the Hon'ble HC observed that "The application under section 125 of the Code of Criminal Procedure stands revived to its file and number" due to the reason that the case was dismissed NOT ON MERIT. Now my wife has filed a maintenance execution petition U/s CrPC 125(3) to claim Rs. 3,50,000 from the original date of dismissal (30.04.2018) till today. Under the above circumstances, I have following queries: (1) The case stands revived to its file and number - Does it mean that she is entitled to claim interim maintenance from the original date of dismissal 30.04.2018 OR from the order date of high court 12.12.2019?? (2) Is there any chance that I may get any relief if I go for review of the high court order in High court or supreme court so that this arrear of interim maintenance can be waived off?? (3) The date of high court order is 12.12.2019. Can I go for review or challenge it in appellate court now? Is there any time limitation? It was a CRR case. (4) I filed a Perjury application in the original CrPC 125 case because my wife filed the maintenance case hiding the fact that I was sending her Rs. 15000 to her bank account online every month even without any court order. But JM passed interim maintenance order without considering the perjury application. Is it justifiable legally? (5) Generally what may the final maintenance amount, as my interim order is Rs. 15000? When the interim hearing was done 2 years ago, my salary was Rs. 70000, now after 2 years my salary is Rs. 1 lakh per month. Kindly give your valuable feedback to my queries separately serial wise for my better understanding and correlation.
28 November 2020
Did any specific order passed to pay maintenance by High Court or the trial court directed for payment? Neverthless, your councel can understand the legal position as to proceed based on the facts of the case.
29 November 2020
In my view, the revival of the CrPC petition does not mean that, in the absence of specific direction from the High Court, the interim order also stood revived. Your advocate can adopt such a stand before the Trial Court.