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shivsambhu (director)     23 April 2015

Speaking order - interim maintenance

respected members,

i have a question and would request the learned members to guide me.

Family court ordered for Interim Maintenance of Rs.10,000. I moved to high court for reduction of the amount as the family court had arbitarily fixed the amount without going through my expenditure details. Moreover my take home salary is Rs. 19,000/- after deductions and i dont have any kids. 

My advocate (High Court) recently told me that the IM amount has been reduced to Rs. 5000/- and my happiness know no bounds. After a few days i asked my advocate to give certified copies of the order. But he is saying that the order was a SPEAKING ORDER and it has not come in papers. Also he is saying that the judge decides such cases (Interim Maintenance) in bulk. As such he issues speaking orders and after wards the orders are put in papers which takes time.

Also, he had said that there was an adjournment and as such on the day of decision the date was shifted to another date.

While searching my status of cases in the high court website, it says that my case is PENDING.

I WANT TO KNOW FROM THE LEARNED MEMBERS THAT WHETHER MY ADVOCATE IS MISLEADING ME. 

If he is not misleading me, please let me know whether SPEAKING ORDERS can be changed (whether he Interim Maintenance amount can be increased) when it comes in papers.

Also please guide me if there is possibility to the above issue, what are my options to reduce the interim maintenance amount.

THANKS IN ADVANCE.



Learning

 1 Replies

N R Dash.. (Advocate)     23 April 2015

Do you have the case no. You can check it from the respective high court website.

 

There is nothing called speaking order. Once the order is pronounced means it is on record. Cross check from the high court website.


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