Interim maintenance


Respected Sir,

Dv case is running on me since jan 2014. In july 2014 judge has told us that the interim maintenance will stanrt from july2014 and for this both parties agreed but in nov 2014 judge has passed the order of rs7000 as interim main since jan20114.judge admitted that its a mistake as he told that maintenance will start  from july but noww he is telling us that it cant be change so i have to pay all the arrears since jan.DIR is not there in my case.now my questions are:-

1. what shud be my next step?

2.shall i give him(same judge) request for revision as i m earing 38000, out of 14500 is my emi amout,7000 is my house rent and my parents are dependent on me.

3.Is there any chance that while requesting for revision int. meaintenance amount can be reduced?

4. what are the chances if DV is not prooved than amount can be reduced?

 
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Bangalore

Originally posted by : sumit dogra


Respected Sir,

Dv case is running on me since jan 2014. In july 2014 judge has told us that the interim maintenance will stanrt from july2014 and for this both parties agreed but in nov 2014 judge has passed the order of rs7000 as interim main since jan20114.judge admitted that its a mistake as he told that maintenance will start  from july but noww he is telling us that it cant be change so i have to pay all the arrears since jan.DIR is not there in my case.now my questions are:-

1. what shud be my next step?

Pay balance/dues till date or go for appeal in High Court.  You should also go for setaside of the DV case in sessions court.

2.shall i give him(same judge) request for revision as i m earing 38000, out of 14500 is my emi amout,7000 is my house rent and my parents are dependent on me.

Yes, you can do that also under section 25 sub section 2 of the PWDVA 2005 ask the magistrate to change the orders citing change in circumstances and also providing all such details to the court for the court to arrive at a new figure for maintenance, and all such maintenance is only for the period until the case is not disposed off, once the case is disposed off the petitioner thereafter may file an application under 125 crpc asking permanent maintenance.

3.Is there any chance that while requesting for revision int. meaintenance amount can be reduced?

Yes.

4. what are the chances if DV is not prooved than amount can be reduced?

If DV is not proved, ultimately no relief can be given at all under PWDVA 2005.

 
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Hello,

The same had happened in my case also. The interim maint. date was shifted back to date of filing first petition.

My lawyer argued before the judge that interim maint. is applicable from the date of filing Section 24 application by the other party. The law is also clear on this. It has to be from date of filing Section 24 application.

The judge accepted this argument and modified the date on the interim maint. order.

You should therefore check on which date the Section 24 application for interim maint. is filed and proceed accordingly. 

Also it is wise to prepare your financial statement - mention where you work, is the income steady or fluctuating, what are your current expenses and liabilities like loans (even private loans from friends) etc - then arrive at a figure on how much you are willing to pay. 

I hope this reply helps.

Regards.

 
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Hi amik..how can i know the date of filling of section 24 application???in order judge has ordered the same from the date of instant fillig of application.wat does it mean
 
Reply   
 

Hello,

 

The Clerk of the Court (called Bench Clerk) has all the original papers associated with the case.

You have the right to check these papers in his presence.

 

Check all papers and see if there is application under Section 24 for interim maint. This application can also be filed along with original/first petition of divorce.

The best way to check this is ask your lawyer to inspect the papers for you. Lawyer will know for sure.

 

Hope this helps.

 
Reply   
 
Jr. Officer

Dear Experts..

After 3 years of Marriage:

Wife deserted her husband on silly causes (Assuming any mala fide intention of the wife & her family).

Husband filed a divorce & simultaneously after 4 months wife filed a maintenance u/s 125 crpc.

Now

Can the husband claim for a compromise between the maintenance / alimony money claimed by his wife WITH the Jewels (ancestral Gold/ Diamond of husband's family) taken by her at the time she deserted him ?????

Is there any rules for valuating the ancestral jewels in the hands of the husband. He only has the photograph of her wearing the jewels ???

What a mother of husband can claim against the wife ???

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Two way to fight -

 

Legally : -

 

File a criminal wirt(Article 227) or revision(401 CrPC) in High Court against the maintenance judgement and pray for stay order on execution.

 

Apply for speedy trial in HC of your 498A and get direction to dispose of the matter within 6 months.

 

Please also see my post in the following link for some other clues.

 

http://www.lawyersclubindia.com/forum/Crpc-125-112702.asp#.VJV0JcGXZ

 

Illegally : -

 

Go to another city and don't inform anybody. Not even your lawyer. Start a new life there.

These are state driven cases. If your wife / lawyers from either side does not know where you are then they can't do anything.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 
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