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praveen (Electrical Engineer)     19 February 2017

Crpc 125 Interim Maintenence

Friends, Yesterday!! Interim order has been given by additional district and sessions judge cum family court saying that Rs: 20 k has to pay from filing of application I.e dec 2015 till this month 2017. Every month I have to pay 20 k on or before 10th. 2. And order to pay rupees 10 k for filing of crpc 125 case 3. In DVC also magistrate has given interim order to pay rupees 6000 from date of order.... 4. Now I have to pay 26k every month even in DVC for not paying the interim magistrate pw1 cross examination ex is closed by magistrate.... 5. I have submitted all my evidence like offer letter and salary document to the court 6. When police arrested and put me in jail for 8 days in this time my employer terminated me from the job.... 7. Wife filed so many cases on me and my family.... Fir1: 498A, DVC, Maintnence crpc 125 and in Fir 2: 307 ,406 for this second fir I got stay order from high court... 8. After my marriage wife stayed at my home only for two days, she is well qualified computer science graduate .... She used to work before marriage... 9. Her father has not given any dowry, but they are demanding 25 lakhs from my family... Judges are not even reading the allegations only they are giving one sided orders in favour of women... 10. I am not able to pay this much amount and my lawyers asking me to file for the RCR at present moment... And they are telling they opposite party will be filing execution so I may be arrested .... 11. I met with one high court advocate he was telling me to file for revision in both DVC and crpc 125 cases but what is the use .... At last I have to pay half amount .... If I get stay order from high court I can pay half amount by asking my parents .... Let me know friends shall I go for revision or appeal / filing RCR / Divorce


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 16 Replies

Sachin (N.A)     19 February 2017

Originally posted by : praveen
Friends,
Yesterday!! Interim order has been given by additional district and sessions judge cum family court saying that Rs: 20 k has to pay from filing of application I.e dec 2015 till this month 2017. Every month I have to pay 20 k on or before 10th.

2. And order to pay rupees 10 k for filing of crpc 125 case

3. In DVC also magistrate has given interim order to pay rupees 6000 from date of order....

4. Now I have to pay 26k every month even in DVC for not paying the interim magistrate pw1 cross examination ex is closed by magistrate....

5. I have submitted all my evidence like offer letter and salary document to the court

6. When police arrested and put me in jail for 8 days in this time my employer terminated me from the job....

7. Wife filed so many cases on me and my family.... Fir1: 498A, DVC, Maintnence crpc 125 and in Fir 2: 307 ,406 for this second fir I got stay order from high court...

8. After my marriage wife stayed at my home only for two days, she is well qualified computer science graduate .... She used to work before marriage...

9. Her father has not given any dowry, but they are demanding 25 lakhs from my family... Judges are not even reading the allegations only they are giving one sided orders in favour of women...

10. I am not able to pay this much amount and my lawyers asking me to file for the RCR at present moment... And they are telling they opposite party will be filing execution so I may be arrested ....

11. I met with one high court advocate he was telling me to file for revision in both DVC and crpc 125 cases but what is the use .... At last I have to pay half amount .... If I get stay order from high court I can pay half amount by asking my parents ....

Let me know friends shall I go for revision or appeal / filing RCR / Divorce

Why don't you request the court to club both the case i.e. 125 CrPC and DV Act.?

Ofcourse, you have to file appeal against both the orders.

praveen (Electrical Engineer)     19 February 2017

Hi Sachin, 

High Court advocate asking me to file Revision not Appeal ...

If I go for appeal high court may reduce half of the amount ...

Difference between appeal and revision plz which is better?

 

anuroop v. s (advocate)     19 February 2017

you should prefer appeal in both cases.Wife can claim maintenance through a single medium canot claim both

Sachin (N.A)     19 February 2017

There is a diffrence between appeal and revison but I think you should approach the HC under section 482 CrPC i.e. inherent powers of high court and pray for following points

 

1. Clubbing both the  cases DV Act and 125 CrPC and order of interim maintenance.

2. When in the case of DV Act interim maintenance was already passed by trial court the other court who was hearing case of 125 CrPC was not having authority to pass any order of interim maintenance ( This point is only applicable if you was paying the maintenace passed in DV Act else not)

3.  Even if you do not pay maintenace the trial court have no authority to close the opportunity of cross examination. 

4. Order of maintenance is not correct as She is highly educated and she was already working before maintenance and it shows her capacity to earn.

 

Sachin (N.A)     19 February 2017

Going to HC only for DV Act will be of no use as HC will say that first to approach court of session u/s 29 of DV Act

praveen (Electrical Engineer)     19 February 2017

Sachin sir, my lawyer is asking me to file RCR, but I do not know what is the advantage of this!! when I am not interested to join with my wife...

 

Sachin (N.A)     19 February 2017

The points I have suggested are complicated and you need a senior lawyer to prove your point,

Good luck!! Keep updating...

praveen (Electrical Engineer)     19 February 2017

Anuroop sir and sachin sir, 

If I go appeal more chances for reducing the interim money but not stay of interim order chances are very less..

If I go for Revision, high chances for getting stay order...

this is my high court advocate opinion

Sachin (N.A)     19 February 2017

Originally posted by : praveen
Anuroop sir and sachin sir, 

If I go appeal more chances for reducing the interim money but not stay of interim order chances are very less..

If I go for Revision, high chances for getting stay order...

this is my high court advocate opinion

 

I don't agree with his opinion.

Reason:

 

1. If you go HC for DV Act HC will say you to first approach session court.

2. If you first approach session court he will say first pay atleast 50% of arrears and then he will hear you appeal.

So best to file petition u/s 482 CrPC on above mention grounds.

2 Like

praveen (Electrical Engineer)     19 February 2017

Sachin sir, I approched sessions court and the result in appeal is dismissed by sessions and in order instead of mentioning Job got terminated by employer ... sessions judge has written I was resigned from the job ... Even I took NOC from old lawyer dvc appeal and approched with new lawyer and in order same old lawyer name is mentioned by the sessions court

Sachin (N.A)     19 February 2017

Originally posted by : praveen

Sachin sir,

I approched sessions court and the result in appeal is dismissed by sessions and in order instead of mentioning Job got terminated by employer ... sessions judge has written I was resigned from the job 

That it is the reason i suggested to approach HC

Sachin (N.A)     19 February 2017

You need to find a good advocate who handle these type of cases.

Sachin (N.A)     19 February 2017

Originally posted by : praveen
Sachin sir, my lawyer is asking me to file RCR, but I do not know what is the advantage of this!! when I am not interested to join with my wife...

 

 

First ask your lawyer to take you out from this mess either by filing appeal or through mutual talk and then to suggest filing other case.

 


(Guest)

Your case is complicated due to the advocate, and not by the cases filed by your wife.  If you are in Bangalore, you can contact me to solve this.


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