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SSR   27 March 2016

125 crpc appeal

i hv filed for maintenance in 2014. 

while i filed the petition , i fled a salry slip of my husband which is of 2011. it shows his salary is 1 lkh.

my interim order was passed and i was awarded only rs3000/- i am surprised as to how he gave only 3000/- even after producing salary slip though its of 2011.

my adv says that we will go for appeal, get stay and all. he says if i dont go for appeal in my main case i will get only 10-15 thousand.(my husbands current salary 1.5lakh per month and i am trying to get salary slip). Is it true that non appealing on interim order will get me lesser maintenance in final order. 

next, i am afraid that if i go for appeal , it will take 2 years minmum and again i have to be penniless. suggest me some remedy plz. 



Learning

 3 Replies

naveen (business)     27 March 2016

Hi ssr, U married to lead family life or just to get hard earned money of Ur husband by spoiling all his happiness and life. Try to resolve the problem with mutual understanding to live happily in future. If u don't want him anymore, just give divorce and u too search good life partner, Don't try to ruin anyone's life for Ur personal gain. Nothing u will achieve with this act.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 March 2016

there is no such principle . Rather the higher court shall by all means insist upon him to pay the outstanding amount before letting him file a reply to your petition.

Samir N (General Queries) (Business)     27 March 2016

Very interesting legal question.  I am not an advocate but quickly read upon the applicable judgments to give you my two cents:


The interim order passed in your case is, by definition, not a final order in itself and therefore whether it is appealable is itself not very clear. In fact, the few Supreme Court judgments I read indicate otherwise. Of course, your advocate will persuade you to file an appeal for obvious reasons - he gets his fees - either way - whether you lose or win. The most important strategy in law is to keep the litigation simple. Filing an appeal when your FINAL rights are not compromized in any way is nothing short of complicating your litigation with no reciprocal returns.


What you should focus on is the final maintenance Order. In fact, if you get a final Order which entitles you to more maintenance, then you can ask for retroactive enhancement on the interim maintenance that was already paid to you. So, why file an appeal now? If the final order is NOT what you believe you are entitled to, then file an appeal. It will be a final order in the legal sense and therefore an unquestionably appealable Order.  If you prevail in the appeal, then you get retroactive adjustments.


Remember that interim orders are granted before a trial is completed. While some interim orders may have the form of a final relief, interim maintenance does not fall in that category because after a full trial, you will be granted maintenance based upon ALL facts before the Court which facts are not before the Court now. So what are you going to appeal against? The High Court will itself not have all the facts to modify the interim maintenance order. 


This is a purely legal opinion and has nothing to do with the merits of your case - maintenance is a complicated subject and unless all parameters are known, it is difficult to comment.  You certainly need a good advocate to pursue maintenance and an advocate who is encouraging you to file an appeal on interim maintenance may not be the right one... 

 

 


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