Appeal on interm maintanence due to change of circumstance

 

Hi Guys 

need help for the below query on Appeal on the interm Maintanence granted due to change of circumstances.

1) on  Nov 2012 i have lost my job, as they have asked me to resign, and the E-mail communication i have submittted in the court in November.

Ok.
2) The opposite party had gone to AP high court for speedy disposal of the Interm Maintanence Application in Jan 2013 and at the time of  admission it self they got a favoroable order stating that need to dispose the Interim Maintnance Applicaiton with in 8 weeks of this order.

OK

3) I have filed all the proofs of her employment, i als filed written arguments stating all the facts.  as stated in my earlier post in this forum a couple of weeks back.

Proofs like what?  Salary certificate or payslip? or bank statement or letter from her employer stating that she is an employee working as so and so and being paid a salary of dash dash.

4)  On March- 11th 2013 the judge has passed interm maintanence of 20,000/- per month. as the opposite party has alleged that my salsary is 1,00,000/- per month they have not produced any Documentary evedince for the same. payable on or befor 7th every month.

Please tell why did you not file objections to the IA application in the first place? If you had filed objections and stated your income, whatever it is 100K or 10K, then the court would have seen your supporting evidence like salary certificate of yours etc, and then fixed the interim alimony.

Now that you had not filed objections, even if you go to HC, they will dismiss the case, reason being

1.  You have not filed objection.

2.  It is just interim alimony, not permanent alimony.

Did you submit your income proof?  Income = Salary - all liabilities [including insurance, ppf, loans etc].  On that 1/3rd will be calculated.  DId you submit your income tax returns?  Did you submit your payslip, letter from employer about your salary details.?? so that court would ascertain your income, and then fix the alimony.

Without you submitting any document with regard to your salary, how can the court come to know that what your actual income is, it will take into consideration your wife's alleged belief that you are earing 100K per month, and award such alimony. In all thnis what was your lawyer doing???  Did he not suggest you anything???
 

Now my queries as below, 

5) Due to frequent of travelling from Bangalore to machilipatnam every month 5 to 6 times, i am not able to get the Job, if i get the job also i dont know how long i can stay in the job since will be on leave very frequently. 

OK

 6) Now i have got  a job offer in a small company where i  can work from Home also, but the salary is very very less they are offering 12,500/- month, they know all my case details. hence due to frequent travelling you will be on leave so we can pay so much only for the next 6 months till the probhation period. Joining date is April 1st, place of work is in a small town as a computer instrucutor in one training center.

OK

7) Now can i file the revivion petition in the lower court it self due to change of circumstances ? will the court accept it ? on what basis the court can reject.

Yes, you may file an application citing change of circumstances [with whole story and documentary evidence] to the lower court itself.

8) If i file the revision petiton before 5th of april, do i need to pay the first istallment on 7th of April. either in Lower court / Ap High court.

Pay little money, if you pay first installment, if the court readjudicates the alimony, considering your application of change in circumstances, then you wont get back the money paid, and you cannot ask the judge to adjust tthat first instalment to the next readjudicated instalments of the future.

9) Till now i havent got the certitfied copies , as the court staff are delaying to get the certified copies due to the influence of my FIL as he is an Special Public Prosecutor  in Machilipatnam.

Check PM

10) can i file the revision petition after 30 days in the Lower court due to change of circumstances.

11) can i file the Revision Petition on interm Maintanence with  out informing about my new job  in the AP high court after 30 days asking for condone delay in getting the certified copies.

Sorry, I dont see any sense in this question, why would you want to hide about your new job offering and salary, dont you want to lessen the aliimony awarded to your lovely wife?? Tell.

12) do in need to inform in my appeal in AP high court about my new job and change of circumstances, will the Lowet court / High court agree ? Listen that a person was getting 50,000/- until October 2013. but now he has joined a small company and getting only 12,500/- per month.

Sorry, I dont see any sense in this question, why would you want to hide about your new job offering and salary, dont you want to lessen the aliimony awarded to your lovely wife?? Tell. 

13)  where can i complain the FIL as he is influncing in all aspects of the case
You can drop in a word to the judge that you are facing trouble from the copying branch section.

Any other posibilites to handel this Situtation