I have a DV act- section 12 case registered in MM court Karkardooma. The case was filed three years back. My wife has filed his case on false grounds and there is no evidence or proofs provided for Domestic Violence.
There has been an interim maintenance order passed recently which I wanted to challenge because of higher amount of maintenance. In the order court has accepted that my Salary is 65k to 70k per month, and my wife is not liable for maintenance as she is well qualified and she was working earlier earning 40k p.m even though she is not working now.
I have a 5 Yr. old daughter and court has mentioned that I should pay 10000 per month for residence and 15000 per month for maintaining the child. My parents are senior citizens and are fully dependent on me. I have loan against my Sister's marriage and for study.
The arrears now for 36 months since the filing of the case are accumulating to 9 lakhs of rupees. Taking into consideration loan and other liabilities, I was unable to save more than 10 k per month and I do not have this amount to pay in three months.
I think the decision was made because my counsel did not appear in two sessions and neither contested the case very well and I think Judge was in the view than we are trying to prolong the case unnecessarily.
My counsel only argued on the point that the case should be dismissed because it is filed after 1 Year from Separation of the wife. I think the order is impugned.
In this forum I have been advised to submit an appeal in sessions court.
My questions are:
If I file an appeal, will I be asked to submit any partial arrear amount?
Also I wanted to know if I never forced my wife to leave at this point can we file section 9 or will it have any negative affect on my case?