Maintenance case
Querist :
Anonymous
(Querist) 21 August 2010
This query is : Resolved
Wife, a teacher, filed 125 Cr.P.C for maintenance for herself and 2 children.
During case trial, husband deposits 1.75 Lakhs in the name of wife as maintenance for her and two children for the period from the date of petition.
Husband deposits Three lakhs for each of child. But Judge not consider this pass final order.
Maintenance by wife dismissed. For each child Rs.750/- per month ordered.
As of today arrears amounts to Rs.54,000/- husband deposited Rs.7.75 lakhs.
Now on revision to High court . Judge ask to pay some amount. What is the remedy for job less husband
s.subramanian
(Expert) 21 August 2010
Revision can be filed before the High court also since Sec.397 Cr.P.C. provides for concurrent jurisdiction both to the Dt,Court and High Court. You file an application in the REvision before the High Court explaining your hapless position and seek exemption from payment.
Querist :
Anonymous
(Querist) 21 August 2010
since the maintenance case is filed before Family court, i'd filed Revision in High Court
Querist :
Anonymous
(Querist) 21 August 2010
But judge not in opinion to grant stay. He asking husband to deposit some amount. I got adjournment
M/s. Y-not legal services
(Expert) 16 September 2010
3+3+1.75=7.75
is it court's order to deposit the money?
no mean, he can withdraw the amount know? because court order for 750+750 per month
Querist :
Anonymous
(Querist) 17 September 2010
1.75 lakhs he paid to wife as Demand Draft.
3+ 3 lakhs he deposited in bank in the name of children and the same can be withdrawn only be the children on attaining majority
