Kumar Mysore (no) 16 April 2024

Maintenance cannot be suspended in the trial court to avoid payment while an appeal case is ongoing?

Hi All,

In parents maintainance case we three brothers challenged lower court order in district Court and it is still ongoing. We have challenged this because we three brothers grew up with our father and our parents are divorced 25 years ago. And elder child (daughter) is grew up with our mother and she is well settled now. Daughter is not included to share maintainance, even our sister already got one share by lodging partition suit against us. our father is no more now.

Now our question is our appeal case
still ongoing, still our mother filed a new case against us to pay maintainance under 125(3). We asked our lawyer in district Court to get stay on this, but our lawyer said I cannot take stay now because case is in argument stage. We recently changed our lawyer and after we change to new lawyer, he is saying that case is in argument stage and I cannot stay this now. and book a new lawyer in taluk level court for new case.
And also in order they mentioned to pay maintainance 2000₹ from three brothers, but their lawyer mentioned in new case each person to pay 2000₹, so total 6000₹ from three brothers.
Our mother is living in home only and she is getting 20000₹ rent per mother. 25 year's ago our mother and her brothers occupied our house and drew out our father and sons. from 25 years we are living in a rent house only.

Our mother and her daughter have a habit of file cases against us from 25 years to take revenge only because of we three brothers stand with our father against our mother.

So someone please help/suggest me what we can do? why court is lodged a new case under 125(3) when appeal case is still ongoing.
we don't know why again and again we need book lawyers in one case?

what is the solution. really we are frustrated about this system because from 25 years that means from my 10 years age we have faced so many cases, even we didn't done any single mistakes. why all these laws only favour of women?
please some one guide us we already lost too much money for the cases and advocates.

thanks in advance

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20 Replies

T. Kalaiselvan, Advocate (Advocate) 16 April 2024

Since the matter is pending before court your questions can be answered by court alone or by your own lawyer because without seeing the case related papers or without knowing the background of the cases no opinbion can be rendred

Kumar Mysore (no) 16 April 2024

Sir, thanks for your advice, my main question is
is possible to registered a petition in a JMFC/trial court under 125(3)when revision petition is ongoing in district Court?
at least please answer this Sir

Mr. Sumitra kumar (Advocate) 16 April 2024

is there a family court in your district?

Thank you.

Kumar Mysore (no) 16 April 2024

no Sir, there is no family court in our district. we have challenged the order almost 3 years back and it is still ongoing. suddenly our mother registered a new case under 125(3) in January 2024. in January 2024 we have changed our lawyer and new lawyer saying I can't get stay in district Court because its already in argument stage, but in taluk court new case is registered.

Mr. Sumitra kumar (Advocate) 17 April 2024

Trust your advocate.

Thank you.

Kumar Mysore (no) 17 April 2024

Mam, from 25 years we believed our advocates only, in these two advocates cheated us by not submitting our original documents to the court, later even they didn't returned that original documents, we (my father and three brothers) suffered lot mam from two ladies (mother and sister) from 25 years. in every case they are saying lies and fake documents. court if check all the cases they can find their lies and fake documents easily. We didn't done single mistake so far, in police station so many complaints lodged against that two ladies, single complaint is not lodged against us that much innocent we are. you don't know mam my 2nd brother is 41 years old still is not married, because of their torture from 20 years he is not returning to our village and I am the youngest son for my parents, now I am 39 years old, just 3 years back married, do you know why this delay that two ladies are succeeded to stop my marriage two times by threatens girls parents by lodging court case. because our family cases from 25 years our village people and neighbor village people afraid to file any cases in court. that much injustice caused for us. I am not lying now, its true we have all the documents. because of two lawyers cheating we are carefully taking steps in our cases. do you know mam we have spent around 10 lakhs so far from 25 years for advocates only. we are farmers how to bring this much money but still by borrowing loans we have spent still we are facing injustice.

Dr. J C Vashista (Advocate ) 17 April 2024

It is your lawyer to satisfy your queries.

If you have lost faith in your lawyer, change him / her immediately.

Kumar Mysore (no) 17 April 2024

sir, recently in January only we have changed our lawyer after that only they have registered a new case under 125(3), after this case is registered we have requested our district Court lawyer to get stay on this new case, because revision petition is still ongoing, but our new lawyer saying I can't get stay and its in argument stage now you supposed to do it initially only, actually after changed lawyer old lawyer withdrawal stay, I don't know why new lawyer is not getting stay, how many times we need to change lawyer sir, we already given all his fees. we want to know can get stay or not in district Court at this stage on this new petition which is registered under 125(3) even still revision petition is ongoing, so I am asking advice here Sir.

Mr. Sumitra kumar (Advocate) 17 April 2024

Firstly you could address me as Mr. Sumitra Kumar. You could have checked my profile. Anyway I can't help much as papers are not with me. Pending the revision petition, you should see the case status online. If you find negligence on the part of your advocate, you can change. Justice takes time!

Thank you.

Kumar Mysore (no) 17 April 2024

really sorry sir, I thought sumitra is girl name. thanks for your advice Sir.

P. Venu (Advocate) 17 April 2024

The posting contains less of facts and more of subjective opinions. The matter, admittedly, is sub-judice. No menainful suggestion is possible unless the pleadings are perused and issues discussed.

Kumar Mysore (no) 17 April 2024

Sir, my request is here is they have filed a Case under 125(3) when our appeal case is ongoing in district Court, even the petitioner (mother) getting rent around 20k from our house. so they filed the new case only to trouble us intensionally only because of we stand with our father from 25 years against her bad characters and we have given our statements against her in previous cases. so I requested here to advice to get stay on the new case which is registered under 125(3) because revision petition still in progress so. thanks

Mr. Sumitra kumar (Advocate) 18 April 2024

Revision is which case. What was the case and under what provisions of law? Does it relate to revision of maintenance amount? The opposite party cannot file same case for the same cause. What is the new case? Under what provision of law? State these things and then only we can form any suitable opinion.

Thank you.

Kumar Mysore (no) 18 April 2024

Sir, initially our mother filed maintainance case against us under 125 crpc, and trial court ordered to give 2000₹ from each. we three brothers challenged this order in district Court under section 397 of criminal procedure code in 2021 and it is still ongoing. but in January 2024 we have changed our lawyer after this in February our mother again filed a case in JMFC court under 125(3) even our revision petition is still ongoing in district Court. after we received this new case summons we have requested our district Court lawyer to get stay on this new case until final judgement come out. but our lawyer said I can't get stay now your old lawyer supposed to do this. so I am requesting advise here from kind hearted persons for what I can do in this situation legally. Before in 2009 high Court ordered to pay only 600₹ in the Same type of maintainance case against our father. our father was a former. my first brother is a former, my second brother is a auto driver, myself did BE in automobile engineering and working in a small private company. we three brothers don't have own house and living in rent house. our mother who is filed maintainance case against us she has control on our ancestral house from 25 years and she given this for rent and getting around 20000₹ per month and she is living in her daughter house. her daughter is the elder child for her and daughter is not included in maintainance share. even her daughter already got one partition by filing partition suit against us. please advice some ideas. thanks