Maintenance & rpfc
ksy
(Querist) 29 November 2012
This query is : Resolved
Dear sir
my first question is
THE LOWER COURT HAS GRANTED 10,000 MAINTENANCE TO MY WIFE PER MONTH FROM DATE OF FILING WHICH IS JAN 2009
IN THE GIVEN ORDER THE JUDGE HAS CITED A RPFC OF SMT TEJASWINI V/S ARAVINDA TEJAS CHANDRA AS REFERENCE CASE
I WANTED TO KNOW IF THIS IS ACCEPTABLE SINCE THE REFERENCE CITED CASE IS A RPFC AND IT IS NOT A FINAL ORDER
The trial court has ordered for paying 10,000 per month based on a reference case of of SMT TEJASWINI V/S ARAVINDA TEJAS CHANDRA RPFC80 OF 2008
wherein the case has been filed again in 2010 in high court
The ORDER BECOMES A REFERENCE only when proceedings have been finally adjudicated and the order has attained finality
But in the said case it is only a review petition and the same has been filed in high court in 2010 hence it has not attained finality and cannot be taken as reference
can this be challenged if so in how many days is there any time limitation
since i had filed a rpfc myself and got a stay for 1 year and paid 30% amount
but the stay as vacated last month but this mistake was not bought to the notice of court since my lawyer had joined hands with opposition party
now i want to know if i should file a case in high court or supreme court if so can i use the above grounds of refering rpfc 80 which was not final order
ajay sethi
(Expert) 29 November 2012
please dont make any wild and baseless allegations against your lawyer . if you have nay evidence move bar council . dont mention his name in this public forum
he may file defamation case aginst you and you will be in serious trouble .
tthe order oof maintenance is passed by court dependin upon facts of the case . if you are aggrieved move high court after consultations with your new lawyer
Raj Kumar Makkad
(Expert) 30 November 2012
How much times you shall ask the same query in the same words?
