Dear Author,
There are too many lacunas in your interpretation of happening and/or things as on ground stands in narrated briefs and you are reacting hyperactively which is understandable;
1. There is no bar that both maint cases can't run though minor differences in opinion / citations do exists from various Hon'ble High Courts but since maint is a social award at trial court level it passes by and if it is so then Appeal to sessions is the right approach. Probably you missed discussing this with your ld. advocate who would have guided on these correct provisions of Law.
2. Ideally if maint. awarded under S. 125 CrPC then same certified copy should have been produced by aggrieved party in Civil court which should be the right way. I see this element missing in your complain here.
3. Further the higher of it is the one which needs to be met after calculating and bringing it in written knowledge of next award Court.
4. FC Ld. Judge has reasoned his / her award on 'status' grounds which could have been challenged or brought on record which is missing here.
5. Now since maint. has been awarded file perjury by satisfying bar of S. 195 (1) CrPC understanding Marwah and Marwah citation and file witness list calling those authorities under whom she is in gainful employment you will succeed if it is enquired and expedient in the interest of justice found to be in favour of you otherwise Appeal before higher court and so on so forth.
6. When you deposited 12 K in Court you should tell here in this interactive forum how you deposited it; by way of cheque or by way of DD and if so then when it is withdrawn signature of wife and/or her legal representative is taken on the side of the day’s Order sheet. Take certified copy of all order sheets post such deposit made by you date and you will find when and by whose signature / name it was withdrawn means taken in custody. Where is the que. of court staff help here ! It is your case, you should be responsible for such credit / debits. Now, flip view if you tendered by cash then usually cash is tendered with opposite party (wife) or her legal representative immediately and signature and such transaction / payment is made note of in Order sheet. I find all these elements missing in your narration. Now, do a file inspection (the cheapest mode over taking certified copy) then understand what and where things stand and then come back here with valid questions.
7. FC Court functioning has been heavily criticized over the years as their functioning is radically different from civil / criminal original jurisdiction Courts hence not much value addition in open forum I may come with. Bottom line in FC Courts couples need to come with a joint solution and a FC Courts just ascribe to joint solutions of a couple to pop a Judgment (my short and sweet and safest comment on functioning of FC period). Amen.....
Search here in LCI Database as per your city of residence / case jurisdiction for a Ld. Advocate whose prof. services you may take to protect best interest in your case(s) if you find it difficult to proceed on your own means as party in person.
ATB, Rgds.
