Cr pc 125 and u/s 9
Naresh Sakpal
(Querist) 16 March 2013
This query is : Resolved
Dear Sir,
In village Cr.pc 125 Case filed by wife from May,2010 and Oder come from her side Rs. 4000 p.m. and till Aug, 2012 ( i.e. June, 10 to Aug,13 Rs.1,13,000) to pay by me. In mumbai I files a case i/s 9 which ordered Jan,13 from my side petition allowed. In which she got interim-maint. for Rs. 3000 p.m. ( i.e Oct,10 to Dec,12 Rs. 81,000) Now Both court by wife apply notice forcing me to pay both amt immediately or Warrant will issue in my name.
Now in Mumbai court I paid till 50,000 to her. She apply RD. Old job of 7500 resigned by me. Cert. produced in both court. New job 3500 Cert.produced in Both court. Mumbai Order produced in Village Court. Apeal done against 125 at time Six month before. No stay uet come. All Mumbai maint.receipt attached.
Now I cant pay in Village court for the same period for which I am paying in Mumbai.
Please advise me what to apply or File.
Thanks
Devajyoti Barman
(Expert) 16 March 2013
Unless the order of maintenance already ordered is set aside or modified , you are liable for payment.
You can though file petition u/s 127 crpc for modification of quantum of maintenance.
Naresh Sakpal
(Querist) 16 March 2013
I have done Revision apeal in Village Upper Court against crpc 125. Will that help and Six month passed stay not yet given. What is the procedure. How I pay ay the same time in one income which is varified by Court. 3000 + 4000 same period. Then Where to apply against village court.
Thanks,
Devajyoti Barman
(Expert) 16 March 2013
Try to get the appeal heard and finally disposed. If appeal succeed then it would help you.
Else may god be with you.
Nadeem Qureshi
(Expert) 16 March 2013
Dear Naresh
only one maintenance order will be applicable upon you, you should be file an application before the court who pass an order to pay maintenance 4000/- per month with this statement that you are deposit 3000/- pm in another case and this amount should be adjust.
Feel free to Call
Raj Kumar Makkad
(Expert) 16 March 2013
The power of the court to announce the maintenance cannot be curtailed but while execution, the amount of the same period provided as maintenance to wife in any other proceeding is adjustable and there are hundreds of such judgments. Your lawyer shall find out relevant case law in this regard.
