Anil Kumar (IT Professional) 08 February 2015

Impugned maintenance order

Dear Experts,

I have requested to help me in the following matter.

In the matter of Domestic Violence Case at Allahabad (as my wife is from Allahabad and I am permanent resident of Delhi and we live together in Delhi at my home after our marriage at Allahabad), My wife deserted me without any reason and not turn back despite many request. I file the RCR at Delhi Court and get the ex-parte order in favour of me. But she has not turned back and lodged the fake complaints. After the more than 2 years and she has filed the DV case at Allahabad against me and my whole family along with my relative. She has not mention the RCR in her petition and the Lower Court of Allahabad prejudicially proceeded as Ex-parte (the lower court has not sent any summon/written communication as per court postal record and Order Sheet) and get the Interim Maintenance Order U/s 23 by Lower Court at Allahabad with the endorsement of wrong information about my earnings submitted by my wife in DV petition & affidavit. After getting the complete knowledge about this case and collected the relevant papers I have challenged /file the Appeal against this impugned Court Order in next higher court i.e. Distt. & Session Court. Hence the process of Uttar Pardesh Judicial System is different and lack of procedural knowledge of me and my Advocate we had taken 2 months to file the Appeal. So I had file the Appeal with Delay Condone Application. In the first instant/hearing the Session court has reduces the maintenance amount and proceeds for further. After the 4 months (in 10 dates) and only in 3 hearings the session court dismiss delay condone and my Appeal with the endorsement of wrong information in their Order Sheet and rely upon the statements of opposite party lawyer without evaluation of my submitted documents.

1. What should I do next either go for Appeal or go for Revision? Which one is best option and what is the time limit for filing in both cases “Appeal “ and “Revision”?

2. Should I file the Review Petition at same court i.e. ADJ or in Allahabad High Court? And can the High Court stay the whole proceeding of Lower court till the hearing of “Appeal” or “Revision”?

3. If someone means any Expert/Advocate view this post and deemed fit to take my case are most welcome as I am need of High Court Advocate at Allahabad.

Kindly suggest with the proper logic.

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3 Replies

(Guest)

It appears that you did not file anything in reply to her DV application wherein you provided details of your income etc for court to arrive at a figure of maintenance.

You have gone for appeal and they have reduced the maintenance.

Now you will have to pay the previously ordered maintenance from DV court till date of going for appeal in Sessions court. Then your old balance will get cleared, after which you can go either to High Court with revision application or you can go back to same DV court where magistrate has also got powers to revise his own order looking at the change in circumstances application.

I suggest you first go for appeal in HC with revision petition and therein state also dismissal of false DV case in its entireity. Ask for entire call of records from lower court it DV court.

On the one hand you need to give full details regarding your income for the court to arrive at a figure of maintenance, if your wife is working etc and has source of income you can give the details of the same, you can also give her bank account number etc and ask for call of records in the Trial Court itself. If she has deserted you on her own accord then you need to bring such to the notice of the court, if yes, then she wont get any maintenance even if trial court has ordered u/s 23 of the DV act.

Keep me posted here regarding your case or via PM.

T. Kalaiselvan, Advocate (Advocate) 11 February 2015

You have already engaged an advocate who is handling the issue, but you appear not to be satisfied with your advocate hence you may look for a better one locally and proceed as desired.

Anil Kumar (IT Professional) 12 February 2015

It is my hard luck/ bad luck to find a good and honest lawyer/Advocate who represent my case at Allahabad boldly that the reason I had loose my case in Session Court in which I had challenged the Lower Court Order that was on record wrong and this face was also admitted by Session Court

The Session Court has not seen the inordinate delay and without giving any summons/notices in said case and proceeded in biased manner. Even Session court has admitted that the lower court has done wrong but beside this Session Court is also do the wrong with me in biased manner. This present order of Session Court has been influenced by regionalism and in biases manner.

My present Advocate is not sincere in my case and possibly influenced by opposite party lawyer as they are sitting near by the chember in same city in Allahabad and they are local residient and i am the resident of Delhi.