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Muru (Technician)     11 September 2012

Interim maintenance

Dear Sir

I am Muru. I have filed RCR against my wife as main Petion by July'11. Wife has filed for Interim Maintenance. I am asking wife and child (2 years) to live with me. Since then no enquiry has been done between us from court. But Without doing enquiry, judge has passed order that I have to Pay Rs.5000 every month as IA. They havent done enquiry my lawer also. Now it is 9 months since this order was passed. Now wife is asking Rs.45,000 total amount  for 9 months and in case of failure to pay this amount I have to get back my main petion for RCR. 

Please kindly advice me,

1.The judgement passed against me without enquiry is right?

2.Will i have to pay amount?

3.Why I have to get back my main petion and in case of failure to get back what may happen? 



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 September 2012

1. Any order passsed without enquiry into the factual matrix is bad. Since you had filed a S.9 case - the judge should have  taken into account why your wife was staying away from you, whether she had a sufficient cause for doing so ?. Wife's ability to earn also has to be taken into account, and so is your dependancies etc.

2. Being unsatisfied with the order you should have preferred a revision against that order. Now if you prefer you'd have to satisgfy the court as to teh reasons for delay in preferring the revision by filing an application u/s 5Limitation Act.

3. If you don't challenge or your challenge is not successful and you don't pay the arrears - your RCR wont proceed, and she can even execute the said order against you or your property.

 

Adv. Bharat Chugh

*Supreme Court of India

*Delhi High Court

* Distt. Courts in & around Delhi-NCR

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