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evanscence (home maker)     13 May 2011

Urgent help needed, please advice

I had filed a DV act against my  NRI husband who had abandoned me and my child after his demands for dowry were not met. Although I had enormous difficulty serving him the summons in US while I am in India, I managed to do so but unfortunately the judge proved very unsympathetic and biased despite all evidence and proof of the matter being furnished before the court. Although my husband never made one single appearance before the court, the Judge favored my husband's advocate's arguments and has passed a very meagre amount as maintenance despite the fact that my husband is earning a very comfortable salary. Also the order passed is only interim maintenance and is based on several errors in his judgement. I want to know whether there is any procedure available to amend the order or modify or include it in some clause without having to file an appeal before another court? Is there any procedure wherein I can request the judge to clarify or include in the order passed for the interim maintenance in the same court as I dont want to go for an appeal court. Also if thats not possible, is it possible to withdraw this case to reapply the same case on grounds of rephrasing the matter in a better manner, after an order has been passed in the case? I wish to clarify that the order passed till now is only for interim maintenance and not final mattter, however I am unhappy with the way my lawyer has handled the case as he has made some errors while framing the matter because of which I feel the judge might have passed the order, and hence I want to know whether I can either request the judge to clarify it or can I withdraw and reapply? Please help, thanks



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 2 Replies


(Guest)

REGARDING THE MATTER KINDLY NOTE THAT.

1.INTERIM ORDER ALREADY PASSED ,IN CASE YOU WISH TO REVISE THE SAME THEN YOU MAY FILE REVISION.

2.KINDLY NOTE THAT YOU ARE ENTITLED FOR MAINTAINENCE FROM THE DATE OF FILING THE APPLICATION HENCE IT IS ADVISIBLE TO CONTINUE THE SAME MATTER AS YOU WILL GET MAINTAINENCE FROM BACK DATE.

3.YOU MAY SEND DETAILS OF CONTENTS OF YOUR APPLICATION FOR THE MATTER SO THAT DETAILED REPLY CAN BE GIVEN.

YOU HAVE TO KEEP PATIENCE AND YOU WILL SUCCEED.

YOU MAY WRITE OR SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.

YOURS SINCERELY

NANDKUMAR B.SAWANT,M.COM.LL.B.(MUMBAI),ADVOCATE

 

 

 

 

 

 

 

 

 

 

 

adv. rajeev ( rajoo ) (practicing advocate)     13 May 2011

Order cannot be revised, you will have to file criminal revision petition . More over it is an interium order still final order is yet to come. Proceed with the case you may get more maintenance.

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