Reg stay for crpc125 order

Go for appeal, and buy some time.  It is totally in lawyers hand to play around to buy some time in HC.  In the meantime, try to get details of wife educational background, employmet background.  If she is a uneducated person then noting much can be done in ths case, but try to file change in circumstances application at the end of each year asking revision of the alimony ordered in the lower court itself.  That is the only way out.

 

Other way out is just dont pay money to wife, and dont get caught, keep playing hide and seek as much as you can.

Other option is, dont pay money at all for 3-4 years, then get caught and go to jail for 1 month and old balance is written off in one go.

 

All options explained, to be followed at own risk.

Revision lies before the Addl. Sessions Judge.

Make a criminal revision U/S 397 and call for the record. Argue that without any valid evidence the judge has passed the order. Pray for stay order. Then take long-long dates. Please do this party-in-person.

 

Also follow the advice of Mr. Gyan Prakash​

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

 

 

Thanks Sir for kind response. Revision will be filed to ASJ for sure. The confusing thing is do we need to pay money to wife until Revision Disposed of by ASJ?

Depends on the stay orders of ASJ. You can further appeal on HC on that.

 

Thank you Sir.

One more query: Is there possibility to intoduce new evidences like Bank Statements for EMI, Audio Coversation proving the Dowry allegations are false etc during revision stage? These were not presented during trail.

No harm presenting evidences however the court will focus on evidences and matters related to maintenance calculations at stage of interim maintenance.

 

Make proper presentation of your income/expenditures / loans if any. If your parents are dependent then show that you have expenses on maintaining parents. Your (net income - expenditures )/3, should roughly be the maintenace amount. However courts might draw adverse inference and increase this amount if parties are found to conceal or misrepresent income details.

 

You need to get stay order from appellate authority if you do not want to pay maintenance. If stay not granted then the opposite party will cry foul and ask court to strike off your defence for not paying maintenance granted. The HC if satisfied may grant stay or alse ask you to pay half the amount to hear the matter further and this depends on the merits of your case.

 

Also Mr Dino pls let us know what are the details of husband/wife income & educational details and what was the order passed. In that case you can get more pointed suggestions on how to reduce the maintenance amount in case the order is unjust.

Thanks you Sir. Details are as below even though we are still awaiting copy of written order:

1. Salary of Husband proved on Record : Rs.70,000
2. Salary of wife proved on Record : NIL
3. Education of wife: Post Graduate in Science (M.Sc)
4. Maintainene Granted as a final Order: Rs.10,000 p.m.
5. Evidence/witness proposed by wife during trail: Her own affidevite, pay slip of husband u/s 91, her own witness on oath.

 

 

Mr Dino,

 

if your salary is 70k and assuming your wife is not working anywhere , the amount of 10k awarded by the court seems to be less. Please read my previous post again. Has your wife hidden her employment status ?? Was she working prior to marriage ?

 

Can you tell us why do you feel the order was unjust.

What was the order you were expecting ?

 

Remember you can appeal against any order but then there has to be merits in your appeal or else you will just waste money on HC lawyer apart from time.

Hello Sir,

Thanks Again. Below are merits for a case where Petition itself is supposed to be rejected by Lt. Judge however this didn’t happened and maintenance granted without a reason.

This is my personal view though and of course I am having less experience of this field.

1. Case has been disposed of based upon vague allegations in form of WS, affidavit etc. No other proof/witness has been produced by Petitioner.

2. There are several things which lawyer succeeded to confess from wife about her conduct including facts that she has left matrimonial house on her own wish and case is not like her husband forced her to leave matrimonial house etc.

3. Wife herself confessed in cross examination that she is able body, highly educated, fit for doing job/service and earn for herself. Meaning she is capable to earn.

4. She has filed multiple cases for maintenance under various provisions and there are noted gaps identified and putted in front of Court from her own affidavits proving that her allegations are false.  

 

5. Husband has produced number of citations applicable to his case where maintenance has been rejected by respective Courts.

Ok if what you say is true, then get certified copy of roznama/any orders in which all these points you have mentioned come out. Your groundwork is already done wherein you tried to reject her maintenance at first stage of legal battle, so pls hire a competent lawyer (in case ur not happy with existing lawyer) and go for an appeal.

 

I would suggest gather evidences on wife's educational qualifications (u said shes admitted that shes highly qualified then its not reqd) also her work experience details and emphasizing on wife's own admission that she can work , ask court to reject her maintenance. 

 

Its a settled law that capable and able bodied wife who has the capacity to work cant sit idle and harass the husband for free money/maintenance.

Originally posted by : Born Fighter
	Its a settled law that capable and able bodied wife who has the capacity to work cant sit idle and harass the husband for free money/maintenance.

Exactly Sir, this is why I am also shocked after hearing final judgement but somewhere husband has observed perverse nature of a judge in trial itself and was not sure if Petition will be rejected by Judge or not. Unfortunately his worry came to realityin form of Order from baised Judge. 

Don't we have provision where we can make responssible Judge as Respondent in the Revision Petition itself. I gets very much angree when I listen that protectors of laws themselve became destroyer of laws for their own personal benefits. Even though we cant really prove personal benefits of Judges but by looking at material on record we can convince higher court that Order from said Judge is perverse/baised and derserve strict action against Judge in order to avoid possible pain to someone else.  

Mr Dino,

 

Have you not heard an order passed by lower court gets upholded by HC but at last appeal at Apex court it gets reversed, thats what happens in courts. Im sorry to say but its more of Politics and less of law in courts, and to make things worse if you do not have a competent/prudent lawyer then your case though strong on merits loses its charm for improper presentation. According to the latest ruling i understand one cannot complain against any judge as whatever judgement that was passed in any case was done as a part of job of the Judge.

 

So you need to have lots of patience and fighting spirit to sustain a legal battle. 

 

My advice if you can afford then hire a lawyer having a successful track record in HC who has reversed maintenance orders on merits, you will be at home !!!

In the revision, you are not allowed to lead fresh evidence or file fresh documents. The revisional court is also not permitted to reappreciate evidence. The revisional court can set aside the impugned order only when the trial court has not exercised its jurisdiction or exceeds its jurisdiction or came to a finding which is not possible on the basis of the evidence available on the record. Beyond this, the revisional court cannot go further. In appeal also, if you want to bring fresh evidence by way of documentary evidence, you have to move separate application along with the sufficient reasons which would satisfy the appellate court that why this evidence has not been led at the trial court in the first instance. If the court satisfies, then it will take the evidence or remand the matter to trial court and direct the trial court to take fresh evidence with the opportunity to the opposite party to cross examine you again.