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Kumar Mysore (no)     01 March 2024

How to stop recovery under crpc 125(3)

Hi All,

Our mother filed a maintenance case against her sons & a jmfc court order to give 2000₹. we submitted appeal & now its running in district Court.
Our mother is divorced from my father, we grown with our father from 25 years. in jmfc order not considered her daughter to share maintainance, even her daughter filed a partition suit against us many years ago & recently it is surveyed under FDP & still running.
we appealed in district Court because our mother getting rent around 15k per month from our house and it is not considered in order and she is living in daughter house now and giving all money which is getting from rent to her daughter only. the house what she is getting rent is belongs to my father &
now my father is no more. we just left that house to her on mercy.
but now under 125(3) we received a notice to pay all money with arrears even case is still running in district Court. we requested court in the appeal case to share maintenance to her daughter too & to consider rent what she is getting from our house.

please someone suggest me what we can do in this case?

how to stay or stop to recover maintainance until case is closed?

in the jmfc order not clear whether it is total 2000₹ or each(3 sons) need to pay 2000₹ how to question this?

any other method to oppose this?

please someone suggest me it will be a great help.

Thanks in advance


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

Since you have already preferred an appeal against the trial court decision, you may better follow it up properly through your lawyer and await the disposal details.

Kumar Mysore (no)     01 March 2024

T.Kalaiselvan, thanks for your advice sir

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

You are welcome for your appreciations.

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