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Kamlesh (other)     21 September 2012

Maintenance case appeal

My Wife filled an maintenance case in 2009 and did not added her daughter as co-applicant in petetion. I proved her income is 5 times than my salary Rs. 27000 per month. Now i received an decree in that case in april 2012. My annual income is Rs. 65000 and order is not acceptable for me.. I need revision and my wife's contribution too. She is more educated than me. I am 12th pass only. I applied for legal aid in High Court and i received it based on my income proof and caste certificate.

In this order, Family court considered her as she is able to maintain herself, hence her maintenance is completely void. But court ordered Rs. 5000 per month for my daughter which i have to pay.

Now my question is ...

Q. Can i file an appeal for revision of maintenance based on my income certificate issued by Collector office & Talati and her income evidence. As I believe maintenane of kid is reponsibility of both.

Q. Can I appeal in highcourt for quashing of family court order as my wife did not added her daughter as co-applicant or applicant.

Q. what are the chances in my case to win. I have all proof to prove her income and her living standard  is too high, which i cannot afford. She hardly stayed with me for 5 months in 5 years of marriage life. She deserted me without valid reason.



 10 Replies

Kamlesh (other)     21 September 2012

In addition to above case ... She deserted me in Feb 2008 and she also filed an domestic violence case in 2011 which is pending in metro politan court. In that case she added her daughter as co-applicant and seeking maintenance for both and compensation. While till date she has not proved any harrassment or domestic violence. There is no police complaint or quarrel registered against me or my family. She has not proved my income aswell except the false affidevits.

vishnu (EE)     21 September 2012

Mr. Kamlesh,

I am afraid, you could get hardly any relief in the High court. As per position of law  you have to “ beg, borrow or steal” to pay her.

As per DV case the lifestyle of the wife is seen by Hon’ble judge to pass the orders. There also you have plenty of chances to lose.

Vishnu

vijay (M)     21 September 2012

As per DV case the lifestyle of the wife is seen by Hon’ble judge to pass the orders. 

 I differ on this.  Suppose a casual labour get married to woman of an HNI and the woman files a DV on the guy.  In that case the guy will have to rob the RBI for that ??

JANAK RAJ VATSA (ADVOCATE)     21 September 2012

since you have the income proof of your wife and she has shown your income without any proof too high and also not added the daughter as a co-applicant , you have fair chance of getting the desired relief from the court.

Kamlesh (other)     21 September 2012

Thanks for your suggestions ,,, But can you al pl. clarify if i can proceed for below mentioned (both)....

Q. Can I appeal in highcourt for quashing of family court order as my wife did not added her daughter as co-applicant or applicant.

and

Q. Can i file an appeal for revision of maintenance based on my income certificate issued by Collector office & Talati and her income evidence. As I believe maintenane of kid is reponsibility of both.


(Guest)

You have a good chance to succeed in the HC as the order of the lower court is prima facie erroneous.

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

1 Like

Kamlesh (other)     22 September 2012

Sir, Can you pl. explain what do you mean by " prima facie erroneous"

Rahul Kapoor (Legal Enthusiast)     22 September 2012

means which look wrong at frist look or at frist sight..

Manoj Kumar Jain (abc)     22 September 2012

(1) There are lot of judgement  of High Courts available on under 125CRPC:

" No Maintenance to deserted wife who lives seperatly without any sufficient reasons"

(2) Also see sec 125(4) of CRPC.

(3) proceedings of DV act is similar and based on 125 CRPC. See sec 28 of DV Act and rules 6(5) of DV Act rules.

(4) DV Act clear cut says: relief under DV Act provides to the affected women by domestic violence.

(4) see judgement on "no multiple maintenance".

You can proceeds to session court / high court , I am 100% sure you will definetly get relief . 

 

seach and colect from website

Kamlesh (other)     24 September 2012

Thank you all for your precious advises...


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