Interim maintenance order

Originally posted by : Niraj
	hello my wife left the home in jun 2009 for delivery then she did not returned but started wrong elligation on me and my family. After that I sent legal notice to her 4/5 times asking for baby and to come back , she was absconding with kid and not due to this we are not able to do anything. She did not replied and then i filled sepearation and child custody case in 2011. few things would like to know when i asked my lawyer to show the notices sent to her and her family 4/5 times. My lawyer said you can not show all the notices because the first notice is only considered. Is this true? In the court my wife appeared in 2012, at that time i was not able to come to court as i was out of india. During that time with false statement she convinced judge and interim maintance of 30,000 is made against me to pay per month. when i came back to india i saw the order and appeald in HC , In the provided effedivite it was mentioned by wife that she is working but in interim maintance order it was mentioned she is not having any independent source of income.  1. who is responsible to mis guide the court and is this not responsibility of family court judge to look into the effedevit. 2.my previous lawyer was not in court on any hearing and that created problem to me. 3. if i have to complain about the family court judge and lawyer what is the best practise to do this? 4.due to this i wanted to shift my case from the current court to another court what should be the grounds i should present to change the court?   Thanks Niraj

Its the mistake of your lawyer.

Now what you can do is:

1.  Change your lawyer immediately.

2.  Approach HC for readjudication stating change in circumstances.  But pay at least some of the maintenance already ordered.

Rest questions regarding duty of judge about reading affidavit or not, you may please contact your present lawyer, as he or she is the sole reason for creating all this mess.

Niraj,

The present order for interim maintenance is purely due to the negligence/carelessness of your lawyer, the judge cannot be blamed for the debacle.  Probably your lawyer would not have appeared before the court on that day to represent on your behalf and point out the fact that your wife has stated to have been employed elsewhere in her affidavit but now she is falsely representing that she is not having any independent source of income to support her expenses of daily needs.  In this the possibility of both the lawyers colluding with each other cannot be ruled out.  Further, a legal notice can be issued only the first instance but issuing the legal notices many times subsequently just because of the reason that she did not reply is not maintainable, have you personally seen the 4 to 5 notices being sent by your lawyer.  A personal correspondence by you to your wife can be sent umpteen number of times but not the notices, thus it appears that you have been misguided by your lawyer right from the beginning of the time he started handling your case.   It is high time now, change your lawyer immediately to avoid further damages in the future, apply for revision of the interim maintenance before the high court.  

thanks all. As suggested I did this last year and with that few facts got open also. 1. I checked rojnama came to know my old lawyer appeared in court before order and also did argument on it. 2.My wife also has her bunglow at her own but in maintaince application it was said living in rented house. I appealed in High court and court has reduced interim order and sent notice to my wife to respond but she did not appearing in high court. redcued the amount but still not satisfactory. Looking to this family court allowed me to meet my son. I just started meeting my kid for a month and then my wife is not allowing me to meet him.My question is Is there escape not to appear in high court? Is there law without money I can not meet my kid? After a court order also does she has right not to meet my son? If she is not allowing me to meet my son then should i keep paying monthly ? If any false statement is said in petition to get sympathy in court from my wife. can i use pre jury against her? should i appeal this seperately or i can write in my own hand and submit in court? as my case is in both the courts can i file this in both court? Also i came to know there is nexus going on in family court. The clerks of family court are working as agent for private lawyers. The counsellors suggest us to meet clerk and they can give you some good lawyer names of this court. when we approach these lawyers they charge the high fees and give us assurance saying we know the counsellor well and she can approach judge as well. In my case similiar thing took place.As i was not able to pay huge fees i can afford lawyer as per my requirement and this interim maintance order happend in this way. If this is how our court works then I think no body should go in court. Thanks