Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kundan Lal (software engg)     11 July 2018

Maintainance recovery 125(3)

Hi,

During my maintainance case last year, lower court awarded very high maintainance amount of 60000 (40000 for Mrs 498a and 20000 for child).

I have applied in high court to provide stay and set aside the order as it is very high when my income itself is 40000 (in lower court Mrs. 498a simply wrote that my income is 100000 p.m. and the judge didn't cared about my salary slip and my income tax details that I shared). With 4 judges changed in the case in high court my interim as well as revision petition is still undecided as every judge says we will hear it for final decision in next hearing and then the judge changes.

Now, I have been paying regulary 20000 p.m. for the past 1 year without any failure. Mrs 498a has filed for recovery for rest of the amount. It is difficult for me to come with that kind of money. My lawyer in lower court are telling me that if I don't come up with money I will be arrested until dues are cleared.

My points on which I want to lower court to consider and not arrest me are these:

1. Mrs 498a claims she is not earning. I am the one paying for child support. So it will be counter productive if court arrests me for the arrear.

2. I have appealed immediately in the higher court without any delay after maintainance of lower court order.

3. I will promptly clear the dues after high courts decision.

However, my lawyer in lower court are telling me it doesn't matter what you write in response to 125(3), if Mrs 498a wants you to go to jail she will not agree and judge will have to issue arrest warrant for you.

Please suggest if there are any merits in points and should I represent myself in the court as my lawyer in the town are not willing to put this point in response.

Thanks,



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     11 July 2018

What a stupid lawyer you engaged in the subordinate court that he couldn't get proper order for interim maintenance on the basis of your salary slip, income proof. Now you are bound to pay the balance amount due from you as no stay granted by the High court. The stupid talk of sending you to civil jail for non-payment of dues is another wrong advice given to you. You arrange the due payment and clear your account with your wife that will be best for you. It's most unfortunate that rather engaging senior lawyer people like you choose inexperienced lawyers who fail you in your cases.
1 Like

Kundan Lal (software engg)     11 July 2018

Thank you for your response and guidance. I am on same page with you regarding engaging senior lawyers in the case and that is exactly what I did. However, on the day of cross examination and argument he refused to go to the court and send his junior lawyer. Didn't had much choice left at that very moment. Disappointing episode. More weightage was given by judge on my prior employment abroad even though I was back in India 1.5 years before the maintainance case was filed and 6 months before my 498a was registered.

Kundan Lal (software engg)     12 July 2018

Well that's not even close my stupidity, dumbness whatever it is called. The girl actually claimed to be P.Hd with job offer at discovery channel. I didn't verify the facts in arrange marriage and it turns out during visa processing she is BSc 45% and obiviously no job offer and someone who can't even understand a question from consulate as simple as what's the purpose of your visit and that's where the dowry threat started. After getting caught of fraund, there were lot of tricks and traps which eventually resulted in a kid. It's too complicated to explain here, the baby part. These things cannot be proven in the court. We stayed together for 25 days in last 9 years. Settlement demand is 2.5 crores.

 


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