Threat in the court
INDIAN LADY
(Querist) 06 December 2014
This query is : Resolved
Respected Experts....I my case of 125 Rs 6000 interim is given to me and my 2 year son in Dec 13 and revision petition of my husband is dismissed by court. I filed Execution of Rs 85000. Till yesterday I got Rs 27000/- . In last hearing court directed to my husband to give substantial paymemt to proceed the case further and in case of non payment he will be sent to the jail. In yestetday hearing first time my mother in law came to the court along my husband and showed a polythene bag to judge that she is very is very ill and they are unable to make the maintenance . She told that he got the imformation from frnds of my husband that my husband is going to commit suiside. She told in very dramatic way that shop of her son will be closed due to holiday in college and they are earning very hard so unable to pay the maintenance to me. She said that we are collecting the amt every month and me is taking that amt very easily. On this wordings judge reacted and said this maintenance is allowed by court not by her self. Then judge asked to my husband that is he willing to live together with me and my husband replied NO ..as he is sent to jail in 498a . Then judge asked me then my brother said if they are r ready to keep me hapily then YES. She cry infront of judge that they want to get rid of me. Then judge asked us r we ready for the lump sum amt to give the divorce and we denied as my elder son is with my husband. At last judge asked my husband to give maintenace amt which he gave to court and court has given to me. Now my query is
1) She has given a suiside threat to court indirectly ....is there no action by court. Can we give any application to session or high court that she has given this type of suiside threat in court to take legal action against both of them . 2) She has made such a dramatic scene to escape from to give maintenance. ..us there any possibility that judge will reduce the maintenance and what action We should take to aviod this.
3) Is there any effect on the case as if my MIL will come again and do thus type of drama again.
Pls do the help. Thanks
Devajyoti Barman
(Expert) 07 December 2014
1. No need to give such complaint. Ask court to issue warrant of arrest if he refuses to give maintenance.
2.No
3.NO
Ask court to debar the mother of your husband to make submission in court.
Shailesh Kr. Shah
(Expert) 07 December 2014
I do agree with views of learned expert sh. Devajyoti barman.
ajay sethi
(Expert) 07 December 2014
agree with MR Barman
Rajendra K Goyal
(Expert) 07 December 2014
1. & 2. Same court would not reduce the interim maintenance due to such so called drama. No need of any application about suicide threats.
3. It would not effect the merit of the case.
R.K Nanda
(Expert) 07 December 2014
no more to add.
Dr J C Vashista
(Expert) 08 December 2014
I agree with experts.
It doesnot tentamount to extension of a threat of committing suicide by your husband and/or a drama by your MIL as alleged by you; may your MIL be right,which cannot be presumed by the experts.
The maintenance granted by the court has to be paid/satisfied by your husband irrespective of the fact that he is earning or not.
In case of persistant failure to pay the amount he will have to stay in jail.
malipeddi jaggarao
(Expert) 09 December 2014
As you and your children have right over your husband for maintenance, his parents also do have such right, please remember. Whatever submissions she has made, she made before judicial officer and for him to decide the course of action on such submission. You cannot brand them as dramatic submissions and leashing suicide threat. Why do you still bore grudge against them. Your husband already went to jail under 498a case. You want maintenance and concentrate on that only.
T. Kalaiselvan, Advocate
(Expert) 10 December 2014
You have been properly advised by experts, leaving nothing more to add.
