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new to real life (Officer)     07 April 2014

Advice needed on revision of maintenance order

Halo experts, below is a brief summary of my case

  • Marriage held at Bhopal in May, 2012. Wife stayed at marital home in Gurgaon for 3 months and then left for her parental home at Bhopal where she currently resides. She was due to return to her marital home in Oct and again in Nov, 2013. But she never did.
  • In March, 2013 she came to her marital home in Gurgaon without informing in advance and took her belongings/ stridhan back to her parental home. I have email communication from her confirming this action.
  • Starting April, 2013 she started threatening that she will complain to the police to have me and my parents arrested. She said categorically that she will not return to her marital home in Gurgaon as long as my parents stay with me. I have recorded evidence of both statements she made.
  • I filed for divorce on grounds of cruelty in May, 2013 and she filed for maintenance under Sec 24 in Oct, 2013.
  • In her maintenance application she wrote that she’s just a housewife, unable to maintain herself and is dependent on her father. In reply, I provided evidence of her qualifications (M.Com, M.Phil. and pursuing Ph.D.) + work experience (7+ years in education industry as assistant professor) and argued how can she claim that she’s unable to support herself. I also provided evidence of email she sent confirming she took back her belongings/ stridhan. I even quoted a few relevant judgements – MP HC order on Mamta Jaiswal, Delhi HC order on Damanreet Kaur.
  • Her counsel argued that she’s not working anywhere and has no permanent income, but did not provide any evidence whatsoever of her looking/ applying for jobs.

Yet, the judge saw fit to grant maintenance of 15k and litigation cost of 10k. The judge told me to bring evidence of her income and then she will cancel this order. But I guess the judge gave a very good reason to my wife not to work or quit (even if she is working).

Now, I understand that I cannot appeal against an interim order in HC. So I’d like to ask experts

  1. If I apply for a revision, what are my chances of getting this order revised in the high court?
  2. Is my divorce case going to stay pending in the family court if I go for a revision of Sec 24 order?
  3. What are the tentative expenses for filing a revision petition in Punjab & Haryana HC?

Many Thanks



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 April 2014

  1. If I apply for a revision, what are my chances of getting this order revised in the high court?

           It depends because the lower court orders need to be seen for a proper opinion.

  1. Is my divorce case going to stay pending in the family court if I go for a revision of Sec 24 order?

           Yes

  1. What are the tentative expenses for filing a revision petition in Punjab & Haryana HC?

           You have to enquire about it from the local atmosphere.

great india (manager)     09 April 2014

Do one thing your interim is too.high. Go for withdrawal of your case. Courts award high maintenance esp. To husbands filing divorce. Mention financial constrain and withdraw. Let your opp party sit n think . They definitely would file cases but then you can least defend allegations. I filed a divorce 2 yrs back she rwplied with sec.9. Then i showed willingness to cohabit citing desertion as ground for divorce and ready to withdraw my cases if she joins. This made them think and plan for MCD. Else you woukd be loitering in courts thinking of divorce n paying heavy maintenance for years n years. Save money It helps

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 April 2014

If the case is in Bhopal than you have to file revision at MP High court.

 

Well connected steps have to be taken for coming out . Stray action here and there is always damaging.


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