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Rama (NA)     01 September 2016

High court judgement on interim

Hi,

After case proceeding for 2 years lower court told that wife will not get any Interim allimony and will settle final at a time soon. Wife rush to high court and stay the case unless husband will not pay the interim ..

Now in higher court by mistake our advocate told that we are agreed to pay 25K / pm and we wish to proceed the case in lower court..Now wife side get a clue to drag the case by getting 25K pm..

Now husband want to fight the case don't want to pay this wrong judgement..same time high court advocate not cooperating and telling that, he will not proceed for revision of judgement.. (because he told to pay higher amount) ..I want to fight the case and how to proceed this case?

 



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 9 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     01 September 2016

You cannot take u-turn in court as your Lawer agreed already to pay higher amount, 

Only remedy to file revision on the ground of change in circumtances that now you cannot pay as situation as changed

Rama (NA)     02 September 2016

Dear Zoheb, Thank you for your kind advice..

This is recent judgement and still I am awating to receive teh copy.. Now I am going to challenge as per the judgement ..as current advocate agreed for 25 K ( I dont knwo why? may be influenced by oposite party), I am going to challenge through other advocate..

Can I do that?

Sidharth   02 September 2016

I don't understand what do you want to challagne?

You said that your lawyer on your behalf said that you are mutually agreed to pay 25k p.m as maintainance. 

so said amount is your offer and not order of court so that offer is not binding on you.

you can refuse to stand on that offer by simply saying lawyer has not consulted you before giving any offer.

Rama (NA)     02 September 2016

Dear Sidharth,

Thank you for your valuable input.. I appreciate..

Actually as per my salary, I will not able to afford the said amount and it is not justified too..

Now still I am not clear that

- my advocate offered / agreed verbally  or

- he wrote in my signed paper submitted during giving V nama..(he took two pages blang sign)..

 

If verbally agreed and count judgement on 25k then seems to be easier to fight..

However if my advocate submitted written paper in my signed copy then I have to fight bit more..

Can you please how to defend on this case? I want to challenge because I cannot provide 25K pm..

 

 

Sidharth   02 September 2016

Dear Quriest,

 

Dont worry !! first get the certified copy and check what is written in it. 

Have you checked weather order is updated online or not??

Rama (NA)     02 September 2016

Dear Sidharth,

Thank you for ur reply..I am wiaitng for the same..

In website they haven't updated..

Rama (NA)     06 September 2016

Hi all.. My advaocate willing to pay 25 K pm..and he submitted in written form to court that we are willing to pay this sum ..

Now he is arguing unnecessary and he returned our file..

Now I want to review this judgement and how to fight this case? Basically I dont want to pay such amount of money when I dont have this much capability

Siva   07 September 2016

Dear  experts,

Can you please suggests on my query?

sai narayana   08 September 2016

Hi Siva,

Where is your query??


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