Dear Sirs
1. Within 24 hours of application ( in Jan,2013) Magistrate awarded maintenance on interim application ( 5000 + 2000 + 2000 +2000) Ex-parte in favour of wife who deserted and took away my children when they were 5,3,1 year old( in the year 2000).
2. I preferred appeal against Ex-parte order, the appeal was lying in sessions court for almost 3 years, at the end of third year Sessions court judge said that it was a fit case to be ramanded since an opportunity of hearing was not given to me and there is one major at the time of application and another who turned major after appeal, however, the judge got transferred passing no order in writing.
3. Within 15 days the new judge dismissed appeal without answering allgrounds of appeal.
3. Even after appeal got dismissed, in the lower court I was hopeful that the lower court order which reads that it is subject to modification can still be modified as no opportunity of hearing was given to me in lower court.
4. My argument is when the sessions court confirmed the order, it means it confirmed the lower court order in total not just the maintenance awarded ex-parte and the sessions court can not say not to give the opportunity of hearing to me and not to modify the order, when the order itself reads it is subject to modification.
5.According to me it requires modification since I am unemployed and the wife is earning working in her aunt's school and my eldest and second sons are majors who were mentioned as minors though the eldest was a major at the time of application and she is living without domestic relationship without sharedhousehold for the past 16 years.
6. Opponent lawyer pressed for FLW( Fine levy warrant ) when I am still questioning the lower court about my opportunity of hearing, majors, no domestic relationship, no shared household etc..
6. Police says to apply for Recall of warrant under section 70(2) in lower court.
7. The accrued arrears is 2,50,000
8. She ruined my life, she deserted me, she took away children,no relatinship with kids. A permanent damage. she doesn't deserve anything. Only the last child is 17 years now.
9. Why cant the lower court judge modify its own order, why it should not listen to me why the sessions court did not consider all grounds of appeal why majors given maintenance, how they entertained application under DV when there is no Domestic relation accordig her own affidavit stating that she is living with her parents since the year 2000.
Now summer vacation in high court.
Why should I go to High court when the lower court has power to modify as the order itself reads.
What will happen in summer with FLW active
It is already 7 months since the sessions court dismissed the appeal. Can this delay can be condoned in high court after summer vacation
Why lower court passed FLW when I am paying without fail Rs3000 every month to my capacity without fail even for a single month.
Why lower court did not consider my objections to her FLW petition.
Please advise what to do in my case. I can not afford any lawyer