Vinod Kumar (owner) 03 May 2013

Oposit party advocate delaying the maintenance case

Dear expert,

My wife filed dv act application on me. Imidiate after reply judge passed final order without following due procedure. i appealled in the session court session court reduced it from 30%. and converted this in interim order and fixed next date for final argument. i filed revision in the high court but high court said come after the decision of sesson court. Thereafter the oposite party advocate from last more than 2 years using delaying tactics delaying the argument. i filed many early hearing application but all vain. i am not working. paying her by taking loans from friends and if any time i stoped the trial judge issued my NBW and conditional arrest order. now it is very difficult to survive for me. please suggest wht to do in this situation?

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2 Replies

Tajobsindia (Senior Partner ) 03 May 2013

1. Very strange brief.
2. If you are not earning then why pay maintenance at all?
3. All these years when you were not earning and you say the case is being delayed from last 2 years I fail to understand why no application filed to re-consider your 'change of circumstances'?
4. If you say from last 2 years case is being delayed then why not one approaches Hon’ble HC to seek speed up direction in time bound period trial pending at Sessions Court?
5. Maintenance to a metro wife is never paid from borrowings from friend/family/temples or selling family silver; instead one seeks direction from Hon’ble HC i.e. allow him to sell vital organs (of a husband’s) body such as Kidney / liver / eyes etc. Or body replenishable (oops disposables) such as blood (oops plasma) / hair / tissues / protein (oops sperm) etc. dependent upon ‘quantum’ of P.M. maintenance r/w arrears (if any)....……