Reg stay for crpc125 order

Delivery Head

Hello,

Seeking urgent advise on behalf of one of my friends to fight against gender biased laws.
As expected, the perverse Judge has granted monthly maintenance to Smt.498a without any justifiable reason.

My friend is now a bit frustrated due to such perverse view and corruption in judiciary but still he has some energy left inside to continue with fight.

I want to know if he can get stay on CJM's order in order to keep greedy lady away from Money under any provision of law?

Please let me know ASAP.

Thanks!

 
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Logical and Legal Advisor at Family Court

Go for appeal, and buy some time.  It is totally in lawyers hand to play around to buy some time in HC.  In the meantime, try to get details of wife educational background, employmet background.  If she is a uneducated person then noting much can be done in ths case, but try to file change in circumstances application at the end of each year asking revision of the alimony ordered in the lower court itself.  That is the only way out.

 

Other way out is just dont pay money to wife, and dont get caught, keep playing hide and seek as much as you can.

Other option is, dont pay money at all for 3-4 years, then get caught and go to jail for 1 month and old balance is written off in one go.

 

All options explained, to be followed at own risk.


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advocate

Revision lies before the Addl. Sessions Judge.
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Make a criminal revision U/S 397 and call for the record. Argue that without any valid evidence the judge has passed the order. Pray for stay order. Then take long-long dates. Please do this party-in-person.

 

Also follow the advice of Mr. Gyan Prakash​

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

http://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

 

 


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Delivery Head

Thanks Sir for kind response. Revision will be filed to ASJ for sure. The confusing thing is do we need to pay money to wife until Revision Disposed of by ASJ?

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Depends on the stay orders of ASJ. You can further appeal on HC on that.

 


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Delivery Head

Thank you Sir.

One more query: Is there possibility to intoduce new evidences like Bank Statements for EMI, Audio Coversation proving the Dowry allegations are false etc during revision stage? These were not presented during trail.

 
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xxx

No harm presenting evidences however the court will focus on evidences and matters related to maintenance calculations at stage of interim maintenance.

 

Make proper presentation of your income/expenditures / loans if any. If your parents are dependent then show that you have expenses on maintaining parents. Your (net income - expenditures )/3, should roughly be the maintenace amount. However courts might draw adverse inference and increase this amount if parties are found to conceal or misrepresent income details.

 

You need to get stay order from appellate authority if you do not want to pay maintenance. If stay not granted then the opposite party will cry foul and ask court to strike off your defence for not paying maintenance granted. The HC if satisfied may grant stay or alse ask you to pay half the amount to hear the matter further and this depends on the merits of your case.

 

Also Mr Dino pls let us know what are the details of husband/wife income & educational details and what was the order passed. In that case you can get more pointed suggestions on how to reduce the maintenance amount in case the order is unjust.

 
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Delivery Head

Thanks you Sir. Details are as below even though we are still awaiting copy of written order:

1. Salary of Husband proved on Record : Rs.70,000
2. Salary of wife proved on Record : NIL
3. Education of wife: Post Graduate in Science (M.Sc)
4. Maintainene Granted as a final Order: Rs.10,000 p.m.
5. Evidence/witness proposed by wife during trail: Her own affidevite, pay slip of husband u/s 91, her own witness on oath.

 


 

 
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xxx

Mr Dino,

 

if your salary is 70k and assuming your wife is not working anywhere , the amount of 10k awarded by the court seems to be less. Please read my previous post again. Has your wife hidden her employment status ?? Was she working prior to marriage ?

 

Can you tell us why do you feel the order was unjust.

What was the order you were expecting ?

 

Remember you can appeal against any order but then there has to be merits in your appeal or else you will just waste money on HC lawyer apart from time.

 
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