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Sharda Prasad (none)     20 June 2025

Maintenance

I am facing a maintenance suit from wI am facing a matrimonial maintenance case.The Patna High court while approving anticipatory bail in related 498A case put condition of Rs 30 K pm maintenance and bail granted. Later Divorce case court ordered 36 k pm under 24 hma.I was giving Total 30+6k and in addition paying fee for children, about 35 k pm (directly to school) with opposite party since separation . Trial court took note of these facts but did not expressly ordered these payments to be merged in his final order of maintenance of 40 k. For this I went to Patna High court and court ordered 30 k and 36 k payment merged in the order of trial vourt. But trial court refused to do that and on the petition of opposite party ordered maintenance and arrears to be recovered from salary. My advocate says he was never heard on arrears and there is no file order incorporating patna High court order in his order. I asked my advocate to file recall application as the recovery order was passed without hearing him and without adjusting as ordered by patna High court. My advocate says that court is not accepting the recall application or request to hear him. He asks me to wait till first deduction from salary for making out a recall case. My question is that does it happen that way or my advocate is compromised.

What to do as I am in Noida and no support in Chhapra except that lawyer.ife.



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     20 June 2025

Any opinion rendered without perusing the orders of the court would be a miguidance.

If you suspect the integrity of your advocate you may better change the advocate instead of continuing with an advocate who seems not reliable.

Dr. J C Vashista (Advocate )     21 June 2025

Earlier order passed by Trial (Family) Court shall merge with the order passed by High Court for payment of Rs. 36.000/- per month during pendency of divorce (u/s 24 HMA) case. Order passed by High Court is binding upon Trail Court and such an order shall prevail upon the Trail Court, otherwise it would attract perjury against the judge.

Generally (altthough it is not a straight jacket formula) higher amount is accepted by the Court(s). However, you (through your lawyer) may seek clarification from High Court regarding payment of school fees of children, if not directed in the order of maintenance. 

Divorce U/S 13 of Hindu Marriage Act and anticipatory bail u/s 498A IPC have no correlation. Both are to be dealt and tried separately.

Show the case file to some other local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

In the light of facts posted by you, it would be better to replace your lawyer with some other local prudent lawyer.

SHIVKUMAR AGNIHOTRI   21 June 2025

You means your lawyer may have resisted initially to pay such huge amount citing various expenses and liability like expenses of your parents, your own expdr, home loan and car loan, insurance policy, mediclaim etc. you may have avoided exact details of your salary instead pointing the income of your wife and her age and other factors to reduce the amount of maintenance.  Your lawyer may have betrayed you replace with another prudent lawyer.


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