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yogesh (will tell you later)     19 February 2014

Judge says pay maintenance or land up in jail

...My brother was awrded high interim maintenance u/s 125 Crpc of Rs 20,000 per month by Ld JMIC in Januray 2014 from date of application ( December 2012) for children and I have collected the order few days prior to date of hearing and on hearing date the opposite party moved an application under section 128 Crpc for enforcemnt of order and the Ld JMIC has directed either to make payment of Rs 3.lakhs at the arte of 20,000 per month immediately or I ill take action and my brother will land up in jail..However we managed to get date for its implementation and reply....
Now as far as revision or challenging the interim order is concerned whether ist advisable that we should go for revsison before the session court or before the H.C UNDER 482 crpc...Since 3 lkah at one lumsump is very high..whether the judge can straight away send my brother to jail without exhausting remedy under section 421 Crpc??..Please advise with your suggestions ??



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 15 Replies

great india (manager)     19 February 2014

It would be beneficial to pay and file revision petition. If you go to high court it will ask you to clear arrears first. Its the same everywhere now a days. Pay n file.... The money gets adjusted in final maintenance. Court allow appeals after arrear clearance these days

great india (manager)     19 February 2014

It would be beneficial to pay and file revision petition. If you go to high court it will ask you to clear arrears first. Its the same everywhere now a days. Pay n file.... The money gets adjusted in final maintenance. Court allow appeals after arrear clearance these days

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     19 February 2014

File an application u/s 127 before same court giving as many reasons as possible for revision of the order.

 

At the same time file an application for RCR and cite this as a reason .

 

Do not expect any relief direct from HC.

 

Show all the papers for exact line of action.

yogesh (will tell you later)     19 February 2014

Why RCR?? Already she has filed 498-A..This is not good suggestion..NEVER TAKE 498-A BRIDE BACK TO HOME..

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     19 February 2014

Instead of paying hefty money month after month and living hermits life what is harm if you become political and say RCR.

 

If the person can control  arguments and keep the relations perfectly legal than if your spouse is really cruel  she will run away giving you all the arguments and facts to come out of all the cases.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 February 2014

Dear Querist it will be better to file a revision petition before session court or HC and get stay on execution fight the revision on merit. as you informed that the maintenance is for children, then why your brother is not ready to pay. why????

Mohini (housewife)     19 February 2014

IT IS TRUE AS PER MR YOGESH THAT   NEVER TAKE 498-A BRIDE BACK TO HOME..

 
1 Like

yogesh (will tell you later)     19 February 2014

amount is very high..my brother has full reason to believe that the amount will be misused as his father in law and other relatives has eye on the maintenance


(Guest)

Ghatiya kannon hein is desh ka.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     21 February 2014

Mr Zeeshan  pl first solve your problems and than give advice to others.

yogesh (will tell you later)     22 February 2014

Some times the sufferer too can give best advise of others as no one is judge in his own case..agree with Zeeshan..but here is my trial court so revsion is the best option...as trial court from samll area has awrded maintenance

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     22 February 2014

Yes but he is blaming in other section that he paid  high expanses and still his appeal at HC was dismissed and still he is advising the same course of action to others.

 

He is crying for fines , court punishments etc and no relief from higher court.

 

Well it is up to  the party to follow it not  we have just suggested that he should first solve his problem and than suggest the similar methods to others.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     23 February 2014

First of all when you claim that you know so much about law and procedures than you should know that it is not necessary to mention law and even if wrong section is mentioned it can not kill any application or case.

 

And again when you say that by paying heavy fees you could not even get the court to listen to your application than how you expect on this free site to solve your problems.

 

More ever by publishing your photo on a public site you are disclosing your plight  and possible suggested solutions to  the other side also

Gautam Kapoor (IT professional Studying Law)     25 February 2014

@Yogesh -> As advised by Nadeem Sir,file a revision petition before session court or HC and

1)Get stay on execution (IMPORTANT)

2)fight the revision on merit.


Personal advise : YOU ARE THE BEST JUDGE TO CARE OF YOUR CHILDREN'S NEEDS.LET THE CHILDREN NOT FACE THE MUSIC.


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