Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Any section to request trial court to not pass order on im

Dear Experts / Members,

On IM trial court has passed orders to pay 5K pm on false affidavit of wife as she was not working and unemployed. Later, i have appealed the same at HC for stay on maintenance and the case got admitted but is not moving forward. And at lower court (district) the respondent lawyer is forcing the judge to pass order on IM using tactics based on the delay in getting the stay order from HC.

Could any one suggest any citation or section under which can be requested the judge to stop in proceeding with the order as it was and is already at HC for stay.

will this link helps anywhere to my query let me know.. and guide accordingly please..

https://www.shareyouressays.com/111424/what-is-meant-by-stay-of-execution-when-may-an-indian-court-stop-execution-and-upon-what-conditions

This helps alot not only for me, may be to someone as well.

If my concern is wrong, please guide.

Thanks.



Learning

 5 Replies


(Guest)
Originally posted by : Sufferer
Dear Experts / Members,

On IM trial court has passed orders to pay 5K pm on false affidavit of wife as she was not working and unemployed. Later, i have appealed the same at HC for stay on maintenance and the case got admitted but is not moving forward. And at lower court (district) the respondent lawyer is forcing the judge to pass order on IM using tactics based on the delay in getting the stay order from HC.

Could any one suggest any citation or section under which can be requested the judge to stop in proceeding with the order as it was and is already at HC for stay.

will this link helps anywhere to my query let me know.. and guide accordingly please..

https://www.shareyouressays.com/111424/what-is-meant-by-stay-of-execution-when-may-an-indian-court-stop-execution-and-upon-what-conditions

This helps alot not only for me, may be to someone as well.

If my concern is wrong, please guide.

Thanks.

Dear Sufferer,

You have not repiled to the wife's petition at the right time, hence the trial court has ordered what it has ordered.  Once that is done. You go for appeal, automatically till appeal is decided, lower court proceedings will get stay.

Now either you think repliers are arseholes to believe your dumb story or your advocate has made you an arsehole by not filing reply to your wifes petitoin which was seeking alimony, and the high court lawyer has also not filed the appeal for stay, or you and your advocate both are thought that you will make trial court an arsehole by simply lying that you went for appeal.

Which version is true?

Once IA is ordered, High Court wont interfere in reducing the IA.  As IA is temporary in nature. Now why you need citation?  Has your advocate asked you or you are using your enlarged brain for useless purposes?  IA has to be paid unless until you have goode roga and unable to find job to earn and pay money to wife.  Even if you cant pay IA, you can play for 1 year, later on you will need to find job and feed wife via IA ordered.

In all this what is your advocate doing?  Have you not paid fees to the fcuk?  Make use of him instead of opening threads here.

If you are fighting case on your own. then feel free to search judgements on your own.  If you still have a advocate representing you in court of Law, then second opinon is useless, as no two lawyers will agree with each other’s opinion.

Best way out is Mutual divorce.  Pay wife 1 time alimony and get rid of her.


(Guest)

Dear Helping Hand,

first foremost thing, my apology  that i don't know having question or to know about things shouldnot come here to open a thread.

Thanks for your reply and your view. You helped most of the people and as well me at times with your suggestions.

It is not at all a dumb story and more over there is no point of me thinking that the repliers are what you have said. If my thread gave the view of you to think so, my sincere aplogize for that.

At times there will be situations where everyone wants to know and learn things the one who we hired may or may not be there for to keep us safe all the time because of oversight may go wrong or not pointing at right times.

ANywhich ways, thanks once again. All the best for the members who already and may come here for the solutions whether hired lawyer or not.

Thanks


(Guest)
Originally posted by : Sufferer

Dear Helping Hand,

first foremost thing, my apology  that i don't know having question or to know about things shouldnot come here to open a thread.


Thanks for your reply and your view. You helped most of the people and as well me at times with your suggestions.

It is not at all a dumb story and more over there is no point of me thinking that the repliers are what you have said. If my thread gave the view of you to think so, my sincere aplogize for that.

At times there will be situations where everyone wants to know and learn things the one who we hired may or may not be there for to keep us safe all the time because of oversight may go wrong or not pointing at right times.

ANywhich ways, thanks once again. All the best for the members who already and may come here for the solutions whether hired lawyer or not.

Thanks

What have you suffered that you kept name SUFFERER?  Do you wantto continue suffering endlessly?

Which version is true that you did not answer.  That means you simply came here to do time pass.  

What will you do by gaining knowledge?  If you want to gain knowledge, you can simply browse on old threads where queries have been cleared.

 

If that does not satisfy you, and you are a graduate you can enroll into LLB course.

 

What is wrong with you is, you dont catch hold of the bugger whom you have engaged to fight your case.  You should do all this questioning and reasoning with him, atleast he will become alert and get you out of the mess at the earliest.

 

Your wife filed some reply, to counter that your advocate should work on it.  How to make the court dismiss her IA your advocate should do, citations searching, engaging a detective to find out where she working, all these has to be done by your advocate, that is why you have paid fees to him, not just to file one reply and you do all the asking searching etc.  

 

Most advocates dont even attend court dates properly, resulting in court passing one sided orders, or dismissing case for non attendance.  Why it happens?  Petitioner spends more time on forums like these than with the advocate, you dont bother about asking your advocate anything except going and standing on court date.  Rest of the time you keep thinking, let me ask this.. let me open one thread asking one judgement.  

Do you know how much time it takes to find a judgement?  All this your advocate should do.  For yourself, try once to search what you looking for.  People like you taken forums like these for granted.  Open one thread and someone will reply, most of the times you dont even bother to cross check with your advocate, whether reply provided is correct or not for simple reason that you dont have balls to questoin your advocate.

 

Instead of wasting time here, why dont you settle the matter and  be a free man.  Do you even  know the value ot time?  Please dont waste time.


(Guest)

OKay, i agree with you. its not that simple as you say things will happen. hope you too know, may be your are born with super powers that you have everything or capable of doing.

My sincere request is coming here wasting time i never did. I clearly mentioned if i am wrong please guide in my thread. Even though, i don't understand dear Helping Hand why you have taken me.

Am not that good at english, so may the reason you have mentioned it as a dumb story. if i know all the ways you had i wouldn't have come here to seek what i require or because of this some one may be benefited. 

with this please accept my humble and sincere apology.

ending this account. as you have suggested will try googling or some where and more importantly with my lawyer as you said.

legal   16 April 2017

how much salary you have. if 5k is 30% of your in hand salary than its not more you will have to pay maintenance if she is not working.

There  are other methods to  reduce maintenance, like go for personal loan and dum that personal loan in FD you will get interest rate of 7% yearly. Use the monthly emi in reducing the maintenanc, there are sc judgement where emi sould be taken into consideration while deciding the maintenance, since in your case 5k is laredy granted by the court i believe this option will court.

If you have dependent parents on you can argue in the court and can lower the maintenance.


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