Unjustified interim order of rs 10000/- per month
souren ghosh
(Querist) 25 December 2015
This query is : Resolved
dear sir,
i am pretty surprized to know that there is no protection for civilized husbands.
my wife left me in may 2013. she took my daughter. all my earnest persuasion failed to take her back. from may2013 i sent her money @rs 5000/6000 per month thinking about my daughterand also thought she will come back. she disallowed me to my daughter. if i phone her up to talk to my daughter, she abused me. my father is patient of serious blood disorder. he needs blood transfusion almost every 50 days. i am the only son and so i have responsibility to him. i could not take so much family pressure and my performance in my company detoriated( i was sales manager of Vediocon Industries in west bengal) and lost my job in april'2014. till june 2014 i sent her money. she filed case under crpc125 in dec'2014 after i stopped money. 16th october 2015 court passed the interim order of rs 5000/- each for my daughter and wife i.e total 10000/- per month. sincerely i can not afford this since i am jobless for last 20 months. secondly if the interim order is rs 10000/- per month then final order i believe would be more than 18000/- since my wife have asked for30000/-.practically judge lady did not listen to us . infact she did not even see me i doubt.
please sirs tell me what should i do now??
should i appeal for revision under crpc127 or under crpc397. my lawyer is a bit confused.
i have not paid any money till now. rs 30000/- is due till now. can my wife file execution ?? i am feeling like mad.
please guide me sirs.
SAINATH DEVALLA
(Expert) 25 December 2015
Why is UR lawyer confused instead of going for a revision of the said order.
In case your change in circumstances application will be accepted, you will have to clear off balance from date of application till the date of re-order/readjudication of such maintenance awarded u/s 125 crpc.
Such change in circumstances application need be given to court as and when your income changes for court to calculate and re-adjudicate the maintenance awarded either under section 125 crpc or IA, ie interim alimony.
IA is different, 125 is different. IA is only until case of divorce or any other related case of matrimony is over. Once case of Divorce or DV or 498a is over you need not pay interim alimony ie IA.
But 125 is permanent, you will have to pay until such day lovely wife remarries.
Dr J C Vashista
(Expert) 25 December 2015
Well advised by the expert and nothing to add
Dr J C Vashista
(Expert) 25 December 2015
Well advised by the expert and nothing to add
Rajendra K Goyal
(Expert) 25 December 2015
You should file revision, consult some senior lawyer.
Devajyoti Barman
(Expert) 25 December 2015
Well, I wonder why your lawyer is so confused.
As per provision of POWDV Act there s no scope of Revision against interim order. Only there is provision for appeal in the sessions court.
I would advise you to prefer an appeal in sessions court and if you meet with failure then file Revision in high court.
If you mention where in WB your case is pending I may help you further.
souren ghosh
(Querist) 26 December 2015
dear devajyoti sir,
my case is under crpc125 which is in police court(6th JM) in calcutta beside bhabani bhavan.
please help me with your valuable advice.
regards
Devajyoti Barman
(Expert) 28 December 2015
It is called Police court and 6th JM is not known for passing good order.
If you wish I can help you as I hail from Kolkata only. You can call me at 9062412450.
T. Kalaiselvan, Advocate
(Expert) 03 January 2016
For further proper assistance n this case you may contact expert Mr. Barman who will be able to guide you properly on all such further issues.
