I am working and salary as 1 lakh and wife is graduated but not working. She has files 498 against me. She also requested maintenance against 125 and I did not get any notice from family court. The family court ordered to pay Rs35,000 as maintenance. I approached to HC for stay but my lawyer asked to negotiate with other party and close the matter. I denied it. The court suggested to discuss mutually but I could not go. Then HC squished pervious family court judgment but my lawyer accepted that I shall deposit the entire amount of arrears as ordered by learned Family Court. My lawyer did not discuss with me to accept this condition.
Shall I approach SC to cancel this order or deposit the money and start the case again?
(a) The order impugned dated xxx passed by learned Judge, Family Court, xxx in exercise of powers under Section 125 of the Code of Criminal Procedure is hereby set aside on the ground that the present applicant was not properly served.
(b) The applicant agrees and assures this Court that he shall appear before the Family Court file of Family Court, xx on xx for hearing.
(c) He shall deposit the entire amount of arrears as ordered by learned Family Court, xxx vide judgment dated xxx and present respondent wife will be entitled to withdraw 50% amount thereof.
(d) The balance amount shall be dealt with by learned Family Court, xx in accordance with final order to be passed under Section 125 of the Code of Criminal Procedure.