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Vinod (self)     10 December 2010

How to challenge costs as well as interim maint uder sec 24

I am defendent in divorce case as per HMA

 

 

Court has passed an order under interim maint and costs are slapped.

 

 

How to challenge costs slapped in the same trial court and/or in upper court?

if at the same trial court..then under which sections of law?

 

 

How to challenge interim maint slapped in the same trial court and/or in upper court?

if at the same trial court..then under which sections of law?

 

 

 

My wife's income is much much more than me atleast since July2010 this year.

I have proofs of it which I obtained in the last week.

It's almost three weeks since order is passed 

 

Both have the same type of dependents. I was told about sec 24 that 'If applicant is unable and has no means to live and/or fight the case then only court awards the maint as well as costs'

 

 

My wife has got better means than me to live as well as to fight the divorce case!!

 

 

Kindly suggest the appropriate ways to set-aside the order passed on costs as well as maint.



 13 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 December 2010

you need to file revision only

sandeep jain (advocate)     10 December 2010

if you gets the document of the income of your wife after the order of interim maintenance then you may file review applicantion cum alteration in the amount of maintenane application in the same court.

Uma parameswaran (lawyer)     10 December 2010

File revision.

Arvind Singh Chauhan (advocate)     10 December 2010

Yes Revision


(Guest)

I recently came across a case where terrorist woman who falsy implicated  her husband and in laws with false 498a case  were given taste of her own medicine.

 

She was implcated in attempt of murder case - she was in lock up for 60 days and could get bail only from supreme court. In the process she had to spent Rs 6-8 lakhs.

 

A response on these lines could  be an option for you.

Gaurav (TL)     10 December 2010

Avnish,

Please send me details. Will be thankful to you.

Vinod (self)     11 December 2010

Thanks,

 

Why the two types of opinions from lawyers?

 

I am confused.

 

 

If I go for review...and if I lose in review also...am I debarred from revision on the same int order laterwards?

Please comment urgently. Thanks again.

 

Intension is to get 'maint' reduced...as the least expectation.

Rajesh Kumar (Advocate)     11 December 2010

It appears that your wife has concealed her real income from the court.

You move the same court for setting aside the interim maintenance award on the ground of concealment of fact. No person is entitled to discretionary remedy of interim relief, if it does not approach the court with clean hands.

Simultaneously, file an application in the same court under Section 340 of Cr.P.C for perjury, as it appears the important facts were concealed from the knowledge of court.

In the present circumstances, appellate courts cannot do much as fresh facts cannot be introduced in appellate proceedings.

1 Like

Vinod (self)     11 December 2010

Thanks to Adv Rajesh Kumar Sir,

Please answer to last question of mine:

 

In Review Process I would file all the data , documents, proofs which are convincing...

 

But still after that

If I go for review...and if I lose in review also...am I debarred from revision on the same int order laterwards in High Court?

 

As you told, HC can't take new evidence...that's why I wanted to dive myself into review process before revision process.

 

Rajesh Kumar (Advocate)     11 December 2010

Why do you want enter into these academic question..... what courts can do in revision or what in review. Most or the lawyers, and even judicial officers do not understand the meaning of these terms. Once your revision/review will be dismissed, the original court will become reluctant to recall its own order.

As it is an interim order, you should move the same court who passed the interim order based on incorrect statement of the petitioner.

Vinod (self)     11 December 2010

Thanks to Adv Rajesh kumar Sir

 

 

 

:)

 

 

You may understand what the common man goes through

 

I would try to read between the lines as there some thought of maturity and experience ...in your words.

 

And Sorry if I annoyed you. its my fault due to anxiety...and I am left with only around 2 weeks.

 

 

And going to HC itself is avery big thing for me and my lawyer although clever and enthusiast is also not able to answer some of my queries.

 

 

My lawyer is saying 'let's go to HC directly and not waste time here...and its easy to complain about material irregularitties HC.and HC also likes to hear complaints about lower courts!!!!..

 

 

but my question to him was...."we failed to provide enough evidence in time ..and new evidence can't be submited in HC"..hence shud we go for review......let that efforts come out as futile.......

 

and also there was some new disclosures which I became aware of after the order was passed

 

 

Second opinion always helps.

 

 

I have nothing imputation to put on the Judge Sir, ..plea would be "with new evidence..please quash or reduce the maint."

But I am yet to sit with my lawyer and take a final call.

 

 


(Guest)

Gaurav,

 

I have a few details of you. Please check your PM

SACHIN AGARWAL (ADVOCATE)     15 December 2010

You should file a Review and alteration application as your wife concealed the true facts from teh Court. You would certainly get success if you have sufficient proof.

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