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Victim of Greed (Worker)     27 April 2014

Final maintenance order passed u/s 125 cr.p.c.

Hello Experts,

A final maintenance order u/s 125 C.R.P.C. is passed by the family court at bandra for herself and her minor @ Rs. 5,000/- each yesterday.

Now, the scenario goes this way :-

I had filed divorce petition on the grounds of desertion and mental cruelty in 2009 in family court at bandra, and within one month, she had filed maintenance petition for herself and her minor u/s 125 crpc. Since, she had declared that she was working and well educated so no IM was passed for her but an IM @ Rs. 2,500/- was passed for her minor in 2011 considering my monthly salary of Rs. 8,500/-. She claimed that she was working on contract basis which got expired on sept., 2012. Immediately after expiry, she had filed PWDVA case in JMFC court at Kalyan (i.e. after 3.5 years of living separately without any reasonable cause, which she had already admitted in her police station complaint) along with IM for herself as she is now jobless. The JMFC court therefore has passed an IM order for her @ Rs. 3,000/- p.m. as against Rs. 8,500/- thereby ordering me to pay Rs.  5,500/- p.m. (3,000 + 2,500). I have then approached sessions court @ Kalyan to file an appeal against IM order passed for her. Due to a delay of 86 days, my argument for delay condonation is stil pending in the sessions court.

Yesterday, my divorce petition was dismissed on the grounds of lack of evidence (which is actually false as i had submitted all relevant evidence in the hon'ble court where she had admitted that she is not willing to come back). Apparently, the family court judge has passed a final maintenance order for her child @ Rs. 5,000/- p.m. and Rs. 5,000/- for herself thereby asking me to pay Rs. 10,000/- p.m. as against my salary of Rs. 8,500/-. When i asked the judge on what basis have you pass an order for her ? He said that this final order for her is passed in this family court so that she should withdraw DV case from JMFC court at kalyan. The judge also directed me to pay monthly maintenance for her would be applicable w.e.f. december 2009 (date of her application for maintenance petition u/s 125 crpc). This means, all of a sudden, I have to pay arrears of Rs. 2,68,000/- (5,000 passed for her x 52 months) till date, inspite of providing evidence that she is a freelancer earning more than 20,000 - 30,000 p.m. and well educated , capable and a trustee in a government organization.

My questions :-

  1. How can the family court judge tell her to withdraw DV case at JMFC court - kalyan and pass final maintenance order for her in family court ? Does family court has the authority to pass final order for her when DV case is still pending in another court and it is still not proved that any Domestic violence ever occured to her.
  2. Inspite of producing my salary slip which she has never challenged from past 5.5 years, how can the judge pass such exorbitant order ?
  3. What will happen to my appeal which i have already filed against her IM order in the sessions court at kalyan ?
  4. I have heard that in order to file an appeal in Mumbai high court against final maintenance order, I should first  pay 50% arrears to her .... is it true ?? If this is true then suffurers like us would end up behind bars if we would wish to file an appeal to higher court as such courts are only meant for appelants drawing a handsome salary. Also, with my take home salary of Rs. 8,500/-, I will have to borrow additional Rs. 1,500/- to pay maintenance without having food to eat as no money would be left for me.....

I would appreciate if anyone would answer my above 4 queries as am appearing in person for all litigations and thank you for your patience reading my long query.



Learning

 9 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2014

It is not possible for t Judge to pass an order for Rs. 10,000/- onwards maintenance for both if your salary was established @ Rs. 8,500/- p.m., so it better to consult a god lawyer and take up the matter before the high court on an appeal.

2 Like

Victim of Greed (Worker)     02 May 2014

Thank you Mr. Kalaiselvan,

I humbly request you to please advice me for qstn. no. 1,3 and 4.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     05 May 2014

Dear querist

my opinion on your queries are as under

  1. How can the family court judge tell her to withdraw DV case at JMFC court - kalyan and pass final maintenance order for her in family court ? Does family court has the authority to pass final order for her when DV case is still pending in another court and it is still not proved that any Domestic violence ever occured to her.

Opinion: The Domestic Violence case can be filed only within one year of the incident/violence, in your case the doemstic violence case was not maintainable. but because you fight the cases your self then lack of legal knowledge this case was pending. The judge has power to pass an order so nobody can restrain him/her in his/her court but if you feel aggrieved then file an appeal before HC against the order.

2. Inspite of producing my salary slip which she has never challenged from past 5.5 years, how can the judge pass such exorbitant order ?

Opinion: this order is illegal and not tenable in the eyes of law if you have proved before court that your salary is 8500/- Filing appeal is better option.

3. What will happen to my appeal which i have already filed against her IM order in the sessions court at kalyan ?

Opinion: you have to file an application for stay the trial court proceeding before appellate court with your appeal, but I dont think so that I will lie in session court against IM order passed by Family Court.

4. I have heard that in order to file an appeal in Mumbai high court against final maintenance order, I should first  pay 50% arrears to her .... is it true ?? If this is true then suffurers like us would end up behind bars if we would wish to file an appeal to higher court as such courts are only meant for appelants drawing a handsome salary. Also, with my take home salary of Rs. 8,500/-, I will have to borrow additional Rs. 1,500/- to pay maintenance without having food to eat as no money would be left for me.....

 

Opinion: its depend on the court and not mandatory, you should file the appeal and fight on merit with the help of lawyer, it will be better.

 

Feel Free to Call

1 Like

Victim of Greed (Worker)     05 May 2014

1.How can the family court judge tell her to withdraw DV case at JMFC court - kalyan and pass final maintenance order for her in family court ? Does family court has the authority to pass final order for her when DV case is still pending in another court and it is still not proved that any Domestic violence ever occured to her. Opinion: The Domestic Violence case can be filed only within one year of the incident/violence, in your case the doemstic violence case was not maintainable. but because you fight the cases your self then lack of legal knowledge this case was pending. The judge has power to pass an order so nobody can restrain him/her in his/her court but if you feel aggrieved then file an appeal before HC against the order. I previously had appointed a lawyer for DV but he was always behind minting money so he did not tell me that this DV case is not maintainable.. Once the IM order was passed for her, I decided to appear in person due to financial crisis for not able to pay advocate fees and this lawyer had no idea about this act. 2. Inspite of producing my salary slip which she has never challenged from past 5.5 years, how can the judge pass such exorbitant order ? Opinion: this order is illegal and not tenable in the eyes of law if you have proved before court that your salary is 8500/- Filing appeal is better option. As per limitations act, to file an appeal in the High Court on the final maintenance order passed by the Family court, I need to do it before 90 days from the date of the judgement..... right ? 3. What will happen to my appeal which i have already filed against her IM order in the sessions court at kalyan ? Opinion: you have to file an application for stay the trial court proceeding before appellate court with your appeal, but I dont think so that I will lie in session court against IM order passed by Family Court. In my appeal at the sessions court, I have already filed my application for stay also alongwith delay condonation which would be heard in coming days. And that is why the Magistrate court is giving dates after dates from August 2013. 4. I have heard that in order to file an appeal in Mumbai high court against final maintenance order, I should first pay 50% arrears to her .... is it true ?? If this is true then suffurers like us would end up behind bars if we would wish to file an appeal to higher court as such courts are only meant for appelants drawing a handsome salary. Also, with my take home salary of Rs. 8,500/-, I will have to borrow additional Rs. 1,500/- to pay maintenance without having food to eat as no money would be left for me..... Opinion: its depend on the court and not mandatory, you should file the appeal and fight on merit with the help of lawyer, it will be better. I have also heard that Supreme Court has recently passed an order that even for working and well qualified women, maintenance would be granted... Is it true ?

Victim of Greed (Worker)     05 May 2014

1.How can the family court judge tell her to withdraw DV case at JMFC court - kalyan and pass final maintenance order for her in family court ? Does family court has the authority to pass final order for her when DV case is still pending in another court and it is still not proved that any Domestic violence ever occured to her.

Opinion: The Domestic Violence case can be filed only within one year of the incident/violence, in your case the doemstic violence case was not maintainable. but because you fight the cases your self then lack of legal knowledge this case was pending. The judge has power to pass an order so nobody can restrain him/her in his/her court but if you feel aggrieved then file an appeal before HC against the order.

 

I previously had appointed a lawyer for DV but he was always behind minting money so he did not tell me that this DV case is not maintainable.. Once the IM order was passed for her, I decided to appear in person due to financial crisis for not able to pay advocate fees and this lawyer had no idea about this act.

 

2. Inspite of producing my salary slip which she has never challenged from past 5.5 years, how can the judge pass such exorbitant order ?

Opinion: this order is illegal and not tenable in the eyes of law if you have proved before court that your salary is 8500/- Filing appeal is better option.

As per limitations act, to file an appeal in the High Court on the final maintenance order passed by the Family court, I need to do it before 90 days from the date of the judgement..... right ?

 

3. What will happen to my appeal which i have already filed against her IM order in the sessions court at kalyan ?

Opinion: you have to file an application for stay the trial court proceeding before appellate court with your appeal, but I dont think so that I will lie in session court against IM order passed by Family Court.

In my appeal at the sessions court, I have already filed my application for stay also alongwith delay condonation which would be heard in coming days. And that is why the Magistrate court is giving dates after dates from August 2013.

 

4. I have heard that in order to file an appeal in Mumbai high court against final maintenance order, I should first pay 50% arrears to her .... is it true ?? If this is true then suffurers like us would end up behind bars if we would wish to file an appeal to higher court as such courts are only meant for appelants drawing a handsome salary. Also, with my take home salary of Rs. 8,500/-, I will have to borrow additional Rs. 1,500/- to pay maintenance without having food to eat as no money would be left for me.....

Opinion: its depend on the court and not mandatory, you should file the appeal and fight on merit with the help of lawyer, it will be better.

I have also heard that Supreme Court has recently passed an order that even for working and well qualified women, maintenance would be granted... Is it true ?

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com)     05 May 2014

VICTIM OF GREED  you were most arrogantly abusing an advocate on this site when he advised that even after divorce you have to pay maintenance.

 

Same mischief you must been doing with all so you have come to this sorry state.

 

Victim of Greed (Worker)     06 May 2014

@ Social Activist : If you read my forum carefully, you will understand the pain we all men are suffering due to misuse of law by women. I was not arrogant at all but YES, my query turned into to a debate in a latter stage which i truly agree and even other men contributed their views. I have experienced 3 advocates who always stand besides women because the law itself is made up that way.

If you do not agree with me, you are at your libery to "report this as abuse".

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 May 2014

the working and educated women can get maintenance but not more then the salary of husband as the court pass an order in your case. file an appeal before high court
1 Like

Victim of Greed (Worker)     06 May 2014

Thank you Nadeem ji,

Just would like to confirm since the final order is passed on 25th April 2014, So I should file an appeal in the High Court on or before 25th July 2014.... am i right ? The same is applicable for appeal to my divorce petition which the Family court has dismissed inspite of providing sufficient evidence.

Kindly confirm !!!!

Thank you once again in advance !!!!


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