Recover already paid maintenance
Sunil Patel
(Querist) 08 December 2015
This query is : Resolved
Based on trial court order, I paid maintenance. Now the order changed in sessions court and the maintenance reduced. How can I recover the paid maintenance?
Is there any law / section under which I can file recovery petition in the court to get back this money?
Court refused to settle the money against current outstanding and asked to file another separate petition to recover the over-paid money.
please advice.
Guest
(Expert) 08 December 2015
Mr. Sunil,
At what rate and total maintenance you have paid and from which month& year to which month & year? Also, now what is the reduced amount of maintenance as fixed by the sessions court?
Another vital question, have not you asked this question from your own lawyer? What is his reply on this issue?
Sunil Patel
(Querist) 08 December 2015
My lawyer said, we'll file recovery petition in the same court. But I'm not convinced as he does not clarify under which section/law.
- after the lower court order in rajkot (Guj) I paid 120000/- that is from the date of application. (this is one year due)
- While the case was on in sessions court she filed another recovery petition to claim money for the following year for the amount 120000/-.
- Now when the sessions court order came the monthly amount reduced to 5k so practically the current recover petition does not hold valid if we settle the pending amount and already paid amount.
But judge ordered to file separate petition to recover the money instead of settling in the current one.
Guest
(Expert) 08 December 2015
By the way, what you will do by knowing the section/law, if you are not convinced with your lawyer?
Rajendra K Goyal
(Expert) 09 December 2015
Full order of the Session court has to be referred, show all documents to another local lawyer if not convinced with the views of your lawyer..
Sunil Patel
(Querist) 10 December 2015
I'm confused and really do not know the purpose of this forum or the site.
You all veterans are not obliged to answer the queries but then I don't understand when there is a simple question why would you ask for all the documents or asking return questions.. like the one Dhingra sir asked.
Can someone enlightened me of the purpose of this whole website and this expert forum ?
Guest
(Expert) 13 December 2015
Mr. Sunil patel,
The LCI is not a restaurant where order is placed by any one and the food is served to him by the bearers of the restaurant. If you desire any help from experts, they have the right to ask you quations to analyse your problem appropriately before replying your query.
If your question was simple, I have also asked a very simple question, what will you do by knowing the section/law if you are not convinced with your lawyer. So, why not reply my question, if the problem actually relates to your personal life and not to seek solution to some of your academic exervise?
Also, what wrong Shri Rajendra K Goyal has done to you, if he has advised you, "show all documents to another local lawyer if not convinced with the views of your lawyer"?
Now, a very simple question arises, if your qualified lawyer is not able to represent you appropriately, what will be the utility of knowing the section or law by you, more so when you are also not ready to show the documents to another lawyer? If you are really capable more than your own lawyer or any other lawyer, you would not have felt the need to hire his services to fight your case or even to ask for the section or law.
YOU WILL CERTAINLY REMAIN CONFUSED, IF YOU DON'T SHARE YOUR REAL PROBLEM WITH THE EXPERTS OR SATISFY THEM BY REPLYING THEIR QUESTIONS, OR TO SHOW THE DOCUMENTS.
Section or law is asked only by the law students, who are unattentive in their studies or are quite easy going to find ready made answers to their academic exercises from others.
For your information, the purpose of this forum is not to open tutorial classes for the students, but to help the layman common man to provide guidance how to solve legal problems of their lives, but not to solve academic exercises of students.
K.S.Srinivas
(Expert) 13 December 2015
Better approach your advocate.
Sunil Patel
(Querist) 13 December 2015
Thanks Mr. Dhingra for your comments.
Thanks Srinivas Sir.
I'd like to close this post and conclude the same as not-resolved.
Thanks for your expert comments.
T. Kalaiselvan, Advocate
(Expert) 18 December 2015
Expert Mr. Dhingra has very properly addressed and viewed the academic question, author has no answer to the questions raised.
alexander
(Expert) 25 December 2015
If you don't disclose complete relevant facts how can any one respond to the enquiries posed. Normally the reduction/increase in the maintenance amount becomes effective from the date of decision or any other date specified in the judgement. Follow the advice of your advocate and if you have no confidence in him then change him. Since the court has advised to file a separate petition you may follow the court's advice
