Maintainance under crpc 125
Morvin Sagar
(Querist) 16 August 2013
This query is : Resolved
My wife has filed a false 125 case against me, as she is a well educated lady having MA, BED degree, even though she was working after leaving my home, and i have submitted all her educational and experience certificates, still she has been awarded rs 8000 per month by district court, i have filed an appeal in high court within 90 days against the interim amount, but high court is not giving me date of hearing, as date been decided in September, despite of putting request application for early hearing from my advocate side,
i have been skipping dates at district court to avoid paying amount, till i got stay from high court, how much time shall i avoid this decision..?? and what are the other ways to skip this decision, as i am not in condition to pay her anything, because she has taken my money and everything with her, when she left my home.
Devajyoti Barman
(Expert) 16 August 2013
Since September is not far away, try to buy some time in lower court/
It is surprising how HC gives date in September as at the time of admission hearing the HC makes an interim order till the revision is heard.
Morvin Sagar
(Querist) 16 August 2013
I don't know why this is happening..? case filed on 8th July within 90 days of decision, but still my hearing is not seen by high court..how long can i buy time in lower court..? and is there any possibility of moving supreme court if high court delays aor give and judgement, that does not favor me.
Devajyoti Barman
(Expert) 16 August 2013
do not rush thing up..wait till the HC hears your case.
You can mention the matter in the high court for its early hearing.
Which HC is it?
Morvin Sagar
(Querist) 16 August 2013
Punjab and haryana high court and case belongs to Faridabad (Haryana)
Devajyoti Barman
(Expert) 16 August 2013
ok..then wait for sometime..going to SC would be of no help.
Morvin Sagar
(Querist) 27 August 2013
Dear Sirs,
I am looking for a Judgement copy in which High Court has given stay on interim maintenance given by lower court to a wife capable of earning, i need a copy of such case to be produced as evidence, on my date in high court..can anyone help me about such copy, i shall be heartily thankful.
Morvin Sagar
(Querist) 27 August 2013
Can anyone please help me for above query..i need it urgently.. Thanks in advance
Shonee Kapoor
(Expert) 30 August 2013
It is not necessary that High Court gives stay on interim orders, till the case is decided. In fact P&H HC has been asking to deposit 50% of outstanding before hearing appeals, or so I have heard from few advocates in Chandigarh.
Regards,
Shonee Kapoor
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If you don't fight for what you want, don't cry for what you LOST.
Morvin Sagar
(Querist) 03 September 2013
P&C high court has issued notice to my wife asking her to be present in court in next month. Court has said that if she is capable of earning, why she need 8000 per month rs for her future, why don't she earn herself, as she is a well educated lady, Court has issued the notice and told my advocate that one she will be in the court, then court will ask her to go for 1 one time settlement, as she can maintain herself own her own.
just wants to know, how much it will give me relax, and may i submit the copy of this notice issue in session court to avoid payment, by the time she appears before court.
ajay sethi
(Expert) 03 September 2013
as on date trial court order is not stayed . you have to comply with said orders unless stay is granted
ajay sethi
(Expert) 03 September 2013
as on date trial court order is not stayed . you have to comply with said orders unless stay is granted
Morvin Sagar
(Querist) 13 September 2013
I agreed to all respected people giving answers of my queries, but yes as updated above by Mr.Kapoor, P & C have asked me to give outstanding amount that will come around 1.5 lacs to my wife, and also asked to submit 15000 court fees, after that the court has issued notice for appearing of parties next month. I am really shocked to hear this,as the lady judge has not even listened to my petition, if i had the money to give her, why should i have gone to other court..? i have given each and every document related to her studies and qualifications, with her written proof that she dont wants to live me and also her written statement in front of lower court. If she himself is leaving me, why shall i pay her the money, her family has harrased myself and my family, and she is sitting well at her home, having a large amount in bank, this is not good. I will not pay her anything, because this is not good, and not justice at all, if she wants money even after leaving my home on her own will, what shall be given to such ladies, who r originally harassed. I have decided that i will file this matter in supreme court in person, and will request court to at least listen what i have to say, i just want your people help that what can i do now..?
Morvin Sagar
(Querist) 17 September 2013
CAN ANYONE PLEASE HELP, I WANTS TO FILE AN IN PERSON PETITION IN SUPREME COURT, FOR ABOVE CASE.....JUST NEED DETAILS, NEED HELP
