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Praveen Kumar (Not working)     20 February 2011

Revision of Trial Court's Order

For more than last 1 year i was fighting U/S 24 of HMA (28-01-2010) with my wife which was filed by her in response to my sec 9 of HMA. On 23rd July I withdrew my Sec 9 of HMA, they pursued for u/s 24. after 16th april 2010 my profession changed, instead of business , i started doing a job. all my documents were submitted by 6th april. later when i joined job on 16th april and later my ITR for FY 2009-2010 was filed, I gave those to my lawyer for submission in the court  but he told me that now it can't be submitted until asked by court. In Aug the argument was done for U/S 24 in front of one judge, it was reserved for order, on the order date the judge changed and asked for re-argument as the earlier judge did not notify anything. this new judge just asked me for my income and closed the argument and gave a date for order, on that order date no order was given but he just asked me to check later. the order was supposed to come in october but never came. I filed for copy of the case file then on 9th Feb order was given, which was a mixed bag. I was asked to give my wife maintenance of Rs. 7500 till sept 10 as court assumed that my wife is unemployed for 6 months from the date of delivery of the baby and rs. 7500 for the milk feeding baby.  court assumed my income as Rs. 30,000 where in the ITR for that period was not even with the court. From april 2010 my income has benn just Rs. 22,000 and later I lost that job as well and had to join a Rs. 12,000 job. My mother has been diagnosed with cancer. On that judgement I have a liability of Rs. 1.5 lacs approx.  I am also fighting 125 CrPC in a different Court. There's no way I can pay 1.5 lacs as dues, neither I can pay Rs. 7500 for the child. the court has found that my wife is able bodied but still the whole burden of the child has been put on me. what are the options with me?



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 1 Replies

Y ARAVIND (ADVOCATE)     20 February 2011

in so far as maintenance part is concerned the parties are at liberty to approach trial court informing changed circumsances and seek change of the amount. 


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