An IM order is passed by the lower court (JMFC) for her @ Rs. 3,000/- per month in March 2013 and I have filed my appeal in sessions court with a delay of 86 days. My argument for delay condonation is still pending in the sessions court which is now likely to be heard in my next date. However, few days after I have filed my appeal in sessions court, she had filed an application in lower court (JMFC) for recovery of arrears but the judge has not ordered me to pay anything as I have filed my application for stay in the sessions court alongwith my appeal. The lower court is giving dates from the day I have filed my appeal since the sessions court has not allowed / dismissed my delay condonation. I have evidence to show to the court that she is working as a freelancer and getting Rs. 30,000/- per month. But this will only be possible after the sessions court allow my delay condonation.
Apparently, the family court has passed a final maintenance order @ Rs. 5,000/- for her u/s 125 C.R.Pc., recently which also includes IM order passed under DV act. I have received certified copy of the judgement and decree just two days back for which I would be filing my appeal in the High Court within 30 days as per limitations act.
Also, would like to inform you that I am told to pay a final maintenance of Rs. 10,000/- per month by the family court (5,000/- for her and 5,000/- for minor) as against my salary of Rs. 8,500/- (inspite of showing my salary slip and my standard of living). Due to financial crisis, I am appearing in person for all my litigations in all possible court. I would appreciate if you can assist me by sorting my queries.
My questions are :-
1.Can the Sessions court judge tell me to pay some arrears of IMS order passed under DV act after hearing my delay condonation of 86 days for my appeal filed against IM order passed by the JMFC ?
2. Should i tell the Sessions Court judge that I would be filing my appeal to the final maintenance order in the High court within the next 30 days ?