Sec.125 cr.p.c.
B. Deb
(Querist) 19 October 2011
This query is : Resolved
Sir,
I would like to know that all my cases i.e. divorce & maintenance was transferred from the Family Court, Guwahati, to the District Court, Guwahati, as per the administrative order of the Gauhati High Court, Guwahati, dated 29.9.2010. But surprising the opposite party filed an application dated 25.3.2011 before the Family court, Guwahati, for maintenance of arrear amount from the year 2008, although the Family Court and the Hon'ble High Court had maintained that I should pay the maintenance from 1.1.2010 till disposal of the case as per their respective orders.The Principal Judge, Family Court, Guwahati, again started proceedings inspite the previous order of the Family Court, and the order of the Family Court was also challenged before the Hon'ble Gauhati High Court and the same is pending for final hearing and also the Hon'ble High Court was pleased to transfer all my cases from the Family Court to the District Court, Guwahati, after my complaint before the Chief Justice of the Gauhati High Court for illegal proceedings as I was not allowed to cross-examine the P.Ws and Counsellor of the Family Court had herself completed the deposition and cross-examination of the P.Ws without my knowledge and was signed by her.
I have been paying the maintenance to the Family Court even though my cases were transferred to the District Court since the Principal Judge, Family Court, Guwahati, had threatened me with an warrant of arrest if I dont pay the maintenance in the Family Court, Guwahati. My maintenance is cleared upto date.
Thereafter, I had filed a contempt petition but the same was not registered by the Registry, Gauhati High Court, then a Writ Petition it was dismissed and now I have filed a Criminal Revision Petition as per my advocate's advice. I dont know what to do??? Pliz advice me urgently......
Devajyoti Barman
(Expert) 19 October 2011
You did not mention the nature of the criminal revision petition.
You did not mention for what reason you have filed the contempt petition.
Please clarify these points.
Shonee Kapoor
(Expert) 20 October 2011
It seems that the wife has challanged the order of maintenance which was decided to be paid from date of order, requesting it to be from date of presentation of application.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 20 October 2011
First reply to question posed by Mr.Barman so the facts may be properly assessed.
B. Deb
(Querist) 20 October 2011
Sir,
1). First, criminal revision was filed by me challenging against the interim order of the Family court dated 6.1.2010. As I was not allowed to cross-examine the P.Ws and the same was examined by the Counsellor in violation of section 15 of the Family Courts Act, 1984. The order of interim maintenance was passed on the same day i.e.6.1.2010 without my knowledge.
2). In the meantime, I had also complaint to the Chief Justice, Gauhati High Court and the Hon'ble High Court was pleased to transfer all my cases from the Family Court to the District Court for further trial as per administrative order dated 21.9.2010.
3). On 25.3.2011, the opposite party i.e. wife, had filed a petition against the same case of maintenance before the Family Court for enhancement of the maintenance amount from 2008 i.e. the date of filing. Whereas, the Family Court had clearly ordered to pay maintenance from 6.1.2010 and later High Court confirmed it in the revision petition filed by me as per order dated 20.6.2010.
4). On receiving the notice from the Family Court on 25.4.2011 for payment of maintenance from 2008 I had filed a contempt petition but the same was not registered by the registry as the said order of transfer dated 21.9.2010 was not a judicial order.
5). Then my lawyer filed a writ petition and the same was dismissed with a direction to appraise the Family Court that all my cases had been transferred to the District Court and also that I have challenged the order dated 6.1.2010 for interim maintenance before the High Court and the same is pending for final hearing.
6). Now, my lawyer had again filed another criminal revision petition before the Hon'ble High Court against the order dated 27.7.2011 passed by the Family Court declining to stay or dismiss the petition filed by my opposite party filed on 25.3.2011, after I had appraised the Family Court as order of the Hon'ble Gauhati High Court with all certified copies.
It is pertinent to mention here that all my records from Family Court had been transferred to the District Court as per order of the High Court dated 21.9.2010 and the said trial had begun at the District Court from 7.1.2011, where both parties were attending.
I had also challenged the interim order of the Family Court dated 6.1.2010 before the High Court and both the parties had exchanged affidavits and now it is pending for final hearing.
I think to certain extent Mr. Shoone Kapoor is correct i.e. the wife had filed a petition for enhancement of interim maintenance from the date of filing. Inspite of knowing very well that all my cases are transferred from Family Court to District Court and I had also challenged the interim order dated 6.1.2010 passed by the Family Court, and the High Court had confirmed it on 20.6.2010.
Now, I request my learned friends to guide me what would be the best possible steps I can take and get relief.....
B. Deb
(Querist) 24 October 2011
Request for an early suggestion...... what shall I do???
