interim maintenance - Crpc 125
umesh
(Querist) 07 January 2016
This query is : Resolved
Dear Sir,
My wife has filed Section 125 Crpc. Few weeks before both the parties had hearing! This 2nd I was advised to come to the court by 3.30pm, however before we go to court... My lawyer called me and said judge has passed the interim maintenance order for Rs.5000 / month. I was puzzled to hear that, on what grounds they have ordered IM.
As per one of the article... They (court) or (petitioner's lawyer) never made sure or proved about domestic violence on my wife or did they prove any other factor!!! Then how did they pass interim?
Till date... Every hearing was in our favour... as we proved / argued with proofs. Next month both the parties have to submit evidence.
If my wife has repeatedly deserted me more than thrice ( living lonely life since 8 months) and left home by her own wish... How is it my responsibility? I was dutiful and have every evidence in originals. But before proving myself... They have passed IM order on prima facie?
Just because my lawyer has not revealed my salary in figures!!! They have said I have suppressed the Info!!! ( my lawyer has supressed many info and managed to convince me at that time.... Now it has boomranged!)
MY LAWYER HAS REMOVED ALMOST MAJOR POUNTS... NOW PLAYS A GOOD BLAME GAME!!!
INITIALLY I WROTE EVERY PIECE OF INFO WHICH FILING AN OBJECTION... ( Have email records) BUT my lawyer altered n convinced me giving reasons!!!
***My wife was working a beautician... But I have no proof... ( she claims she is illetrate)
Below are the instances along with evidences I am fighting for justice!!!
1. Infact, the FIR has been filed at local police station against my in-laws and her relations for hitting black n blues to me and my old parents!!!
2. I have proofs that I never neglected her in any ways...
3. Good moments photos, grocery bills, jewellery bills etc...
4. Her medical reports - inability to mother a child. ( she suppressed all these info - I have file)
5. My salary slips and bank statements. ( they have shown huge figure and wrong designation)
6. My resignation ( lost my job bcoz of the harassment at office more than twice)
7. Medical certificates of my parents including MLC and wound certificate during physical assault on my on my old patents.
Etc...
If I am right and have all evidences + no allegations proved. I am surprised and puzzled on what basis IM was passed!!!
***They don't have any proofs or evidences...
Should I proceed further at High court? I have just 25 days from now!!!
She was working as beautician, but now says she illetrate!!! ( I was told she did her teacher training) No employment or education proof with me!!!
Plz help.
R.K Nanda 
(Expert) 07 January 2016
very long query.
H.M.Patnaik
(Expert) 07 January 2016
If dissatisfied ,You can obtain NOC from your lawyer and engage a new lawyer in his place to take up the matter from where it stands now and take suitable steps in your interest.
Devajyoti Barman
(Expert) 07 January 2016
If you are aggrieved by the order you can always challenge the same in higher court. Without seeing the case records no further advice can be given.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 07 January 2016
1) take noc of lawyer on record
2) File new lawyers VAKALATNAM if changing lwyer
3)If Merits in case,file appeal against Order
Rajendra K Goyal
(Expert) 08 January 2016
Repeated:
http://www.lawyersclubindia.com/experts/interim-maintenance-Crpc-125-578306.asp
http://www.lawyersclubindia.com/experts/interim-maintenance-Crpc-125-578311.asp#.Vo8u1Pl97IV
SAINATH DEVALLA
(Expert) 08 January 2016
No reply for repeated queries, though a valid one.
Dr J C Vashista
(Expert) 09 January 2016
Sorry for such a long repeated story.
Consult your lawyer or change him if you are not satisfied.
K.S.Srinivas
(Expert) 11 January 2016
Engage new advocate who you trust.
umesh
(Querist) 28 May 2016
Thank you All...
