Rakesh Kumar (Software) 08 August 2014

Maintenance recovery

Its regarding the maintenance case:

1. I am paying Maintenance in full but with delays, but paying (mostly for 2/3 (not more) months at once).
2. I paid maintenance for the month of MAR/APR in APR,
2. By order of 23rd APR the maintenance was increased from order date,
3. I paid the increased amount for MAY in full and half of JUNE on 4th July.
4. Later I FOUND SHE HAS PUT A CASE ON ME FOR 125(3) FOR RECOVERY OF MAINTENANCE ON 30 JUNE, by a notice came to my home by 14 July.
5. And on the next date on 1 AUG, I was not able to make it to the court and "levy of amount by attachment of assests" was ordered

   THE 125(3) CASE SAYS:

   SHE SHOULD GET MAINTENANCE FROM JANUARY TILL APRIL AS PER THE OLD AMOUNT
        but i had already paid ....

   SHE SHOULD GET COURT FEES WHAT HAS BEEN PUT IN 23 APR ORDER DATE
        was not aware of ... (anyway will pay)

   SHE SHOULD GET THE INCREASED AMOUNT FOR MAY/JUNE/JULY
        as mentioned paid for MAY in full and half of JUNE ....

MY QUERIES:

        (A) As I had already paid the amount asked in the first part of the application, As well aS, half of the second part.
        (B) The payment is made in the same family court, so how come the judge don't know and he allowed the recovery case.
        (C) What action can be taken aginst the JUDGE and the lady (my wife)
        (D) The JUDGE does not have a control?, he do not know what is happenning in his own court? so -- its time for him to GO?.

    More Important:
        (E) I know I will win the case by showing the receipt, case will be cancelled ... BUT
        (F) BUT I WANT TO MAKE THE LADY FACE WHAT SHE HAS DONE TO HARASS ...
        (G) AND THE JUDGE TO BE MORE PUNISHABLE THEN THE LADY.

And want advice on this.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 08 August 2014

1. It is a recovery case. You did not file account statement of payment met vis-à-vis outstanding till date when she filed her recovery case - someone from your side should have plead about correct up to date payment being met by you. .

2. Ld. Judge knows what he is doing as it shows from balance amount which is pending when her recovery application was filed thus before jumping on ld. Judge correct your own course of payment schedule as Law says first seek permission to pay in 2-3 months instead of every month as per Order of the court which is social provision under this Code and may show your inability to meet such payments every month. Short question here is, have you taken any such permission from Court? If no then why blame ld. Judge when you yourself are at technical fault.

3. Court Fee and July payment is due. Meet them with Statement of what has been paid and what is pending (if any) and her Application should be dismissed with a reasoned Order of ld. Court and her prayer on distress warrant of assets will be denied.

[Last reply]