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Anshul Sharma   01 April 2016

Challenge the order of interim

Dear  All LCI Members,

Need your quick advise on the following points.

1)  Wife filed the petition for Interim Maintenance in DV case in 2015. Court recently ordered the amount of 1/3 maintenanace of my salary on 16th March'16 to my greedy wife. My next hearing is on 6th May'16 for payment and evidence.  Wife shows she is not working. 

Question -  FC has mentioned  in order the same points my wife has mentioned in her complaint .of CAW Cell. Not even a single point in favour of me. However my wife is a higly quialified lady who have done BA, MA, BCOM , MCOM , LAW , BED. & MED . We have submitted her copy of resume from Naukri.com to FC to show how qualified she is, and also submitt the Judgement of Kusum sharma vs Mahindra Sharma , Mamta Jaiswal Vs Rajesh Jaiswal , and Damanpreet Kaur Vs Indermeet Kaur .(High Court where court has rejected the maintenance ofr higly qualified wife) My lawyer has even asked the court to direct the party to submitt the Affadavit of Income as per the direction of High Court judgement. Despite of all this , FC has not not even mentioned anything in order about what we have submitted and argued about and just order the monthly maintenance from the date of appliation . What to do ? I need to  file this appeal in session court. How can FC has ignored the facts i have submitted ? Is it mandatory to pay 50% amount of maintance for filing an appeal in session court before 30 days ?My CRPC 125 is pending before the court.

Please suggest me some strong points  i should mention in my appeal letter for Session court for the rejection of her maintenance. FC is fu**** a feminesd based . Please suggest. 



Learning

 2 Replies

Ranjit   01 April 2016

Challenge the FC judgment. There is no mandatory to pay 50%.collect evidence whether she worked before. . Higher courts judgment usually focused on wife's capabilities to earn.. keep fighting.. don't pay

Anshul Sharma   03 April 2016

Thanks Captain and Ranjit for your moral suport. Can anyone provide me the strong sample petition for filing an appeal in session court againt the order given by FC for interim maintenance in DV case  mentioning the points about highly eductional  qualification background of my wife ?


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