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Siv (engineer)     16 October 2012

Revision or quash applicable for the situtation?

Dear All,

 

Wife filed application in maintenancen case (U/s 125 of CrPC) seeking eariers for an amount Rs.70,000/- . Husband filed cancellation of Interim Maintenance order (U/s 127 of CrPC) based on the bank balances (Rs.8,00,000/-) of the wife.

 

Family court said to husband that, first comply with the Interim Order then will consider the prayer of the husband to cancel the Interim Order....then husband asked to dispose both the petitions/application together.... but court did not agree and passed docket order saying that pay eariers of amount Rs.70,000/- then next date is given to 25/10/2012.

 

Questions:

 

1. Can husband approach the high court to quash the Interim Order considering that  wife has bank balances more than what she wanted through Interim Order and eriear petition/application? (these bank account details were supressed by wife prior to passing the interim order)

 

2. Whether the Revision is maintainable on the docket order passed by the family court?

 

3. Whether the Quash is maintainable against the docket order passed by the family court?

 

Thanks in advance for any help.



Learning

 9 Replies

Tajobsindia (Senior Partner )     16 October 2012

1. All that you could have done was to prepare an DD of like arrear amount and deposited with Treasury or with concerned trial Court file with request now to dispose your agitation prayer subject to its release if you loose your case. Trail Court would have obliged as it is a summary merit fact.


2. If the Bank Statement are marked as material records of the case file then YES husband can approach DB at HC with specific prayer to first stay trial Court proceedings (here also carry the DD with same relief) and then set aside the docket Order based on "wife is able to maintain herself with THAT kind of Bank Balance r/w suppression of material facts that also in a summary maintenance case whose reliefs are granted prime - facie further read out to Hon'ble Bench the true spirit of S. 125 CrPC and your prayer clauses" and then you have a good case are some of my early views.

 

Munirathnam (Scientist)     28 October 2012

You may file quash petition on the ground of supression of facts and misleding the courts that amount to abusing the process of law hence section 482 of CrPC attracts.... use change of grounds for filing the quash petition to cancell the orders of the high court too.

Siv (engineer)     29 October 2012

Tajobsindia,

PLease let me know details of the below para:

1. All that you could have done was to prepare an DD of like arrear amount and deposited with Treasury or with concerned trial Court file with request now to dispose your agitation prayer subject to its release if you loose your case. Trail Court would have obliged as it is a summary merit fact.

 

My questions related to the above para:

 

1. Through petition or MEMO husband can ask the family court to release the amount if husband loose the case.

 

2. How much time the court may take time to dispose such petition?

 

3. Can husband pay the amount to the family court thorugh Bank Cheque insted of DD (Demand Draft)?

 

Kindly reply ASAP.

 

Thanks.

Sandy12345 (none)     30 October 2012

No need to pay the arrear amount in one go. pay in small installments, dont worry til the time you refuse to pay.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 October 2012

It depends upon the practise of the High Court,

 

Approach suggested by Tajobs would work in Delhi, however P&H HC would insist that arrears be cleared to the wife. Check the practise of your HC

 

 

 

Regards,

 

Shonee Kapoor

Munirathnam (Scientist)     01 November 2012

Dear All coment on the below relevant question to the post:

 

As per decision of High Court of Bombay: Eariers and the Altation/cancellatio of interim maintenance shall be dised simultaneously.

 

Citation: Ashok_Yeshwant_Samant_vs_Smt._Suparna_Ashok_Samant_And_..._on_27_July,_1990.

 

As siad by the Shonee Sir, It depends on the court also.

 

In the interest of parties, court shall hear both petitions and decide the the final amout to pay so that in one go matters is disposed or both the cases Revisions will be filed in next level court that again in conveninet to the courts and parties also...... here wife will be subjected to some more pain if applications/petitions are disposed seperately.

Munirathnam (Scientist)     01 November 2012

Ctation: Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant And ... on 27 July, 1990

 

The above citation says Second Revison is not possible WHEREAS Quash petition ot Writ Petition is maintainable in the changed circumstances.

 

One Question: If Revsion petitioner failed to submit all relevant grounds during first revision due to lack of knowlege of Facts ...... later can that petitioner approach high court with Quash?

 

Does this circumstances comes under Change of Circumstance?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2012

Thanks Manirathnam, 

 

We now know about Mumbai HC as well.

 

Regards,

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

Munirathnam (Scientist)     01 November 2012

Dear Shonee Sir,

 

Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant is th decision of Mumbai HC. Seems you have one more citation in this regard, if any.

 

Please metion that citation in htis regard. Thank you.


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