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Rajesh   12 July 2017

Maintenance and certified copy of order

Hello, I need some guidance from the experts here. Interim maintenance of 10,000 pm was awarded to wife 1.5 months ago. The court date is coming up next week.

I plan to challenge this order as it didn’t take into consideration the income wife had from her job she left just a few months ago. I applied for a certified copy but have not received it after almost 1.5 months.

1. If the judge asks me to deposit arrears on my court date (or deposit it on certain days), can I say I am still waiting to receive the certified copy of the order so I can take appropriate legal action ?

2. Also, I believe this period to receive a certified copy will be excluded from the Limitation Act provision to file an appeal/revision. Is his correct ?

Thank you

Rajesh

 



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 9 Replies

Sachin (N.A)     12 July 2017

Originally posted by : Rajesh
Hello, I need some guidance from the experts here. Interim maintenance of 10,000 pm was awarded to wife 1.5 months ago. The court date is coming up next week.

I plan to challenge this order as it didn’t take into consideration the income wife had from her job she left just a few months ago. I applied for a certified copy but have not received it after almost 1.5 months.

1. If the judge asks me to deposit arrears on my court date (or deposit it on certain days), can I say I am still waiting to receive the certified copy of the order so I can take appropriate legal action ?

2. Also, I believe this period to receive a certified copy will be excluded from the Limitation Act provision to file an appeal/revision. Is his correct ?

Thank you

Rajesh

 

 

 

If you have recipt of copying agency to prove that you have applied for certified copy and you are not at fault for not appealing against the said order then you can raise the above mention points.

 

 

Kumar Doab (FIN)     12 July 2017

You seem to have applied for a copy in time.

 

Rajesh   13 July 2017

Thanks for the response.

Seniors/Advocates :

Can you, please, throw some more light on my questions above ? What should we tell the judge if the OP presses for arrears ?

Thank you

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 July 2017

You can submit to the judge you have not got the order copy from the court. and show the acknowledgement. 


(Guest)
Originally posted by : Rajesh
Thanks for the response.

Seniors/Advocates :

Can you, please, throw some more light on my questions above ? What should we tell the judge if the OP presses for arrears ?

Thank you

 

If there are arrears, carry cash, pay then and there or take cheque book and give a cheque for the arrears due.  Or be prepared to do to jail.

Rajendra K Goyal (Advocate)     13 July 2017

This is interim maintenance, better pay the arrears on the date. Even if youchallenge, it would be difficult to have stay for payment of interim maintenance.

Kumar Doab (FIN)     13 July 2017

Carry cash/instrument of payment on next date.

T. Kalaiselvan, Advocate (Advocate)     17 July 2017

She cannot insist orally for payment of maintenance amount.

She has to follow the procedures laid down in the law in this regard

She has to file a collection petition by enclosing a certified copy of the order passed in her favor.

If you have not got the copy then she too would not have got the copy hence you need not worry about this

However if the court is asking you about this you can very clearly mention that the certified copy of the order is awaited.

1 Like

Kumar Doab (FIN)     17 July 2017

Subsequent to discussion carry reciept, cheque/cash and be ready to defend yourself in court.

Has she also applied the copy and has she got it? 


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