Maintenance revision by my wife
rohan sharma
(Querist) 10 March 2013
This query is : Resolved
Sir,
I am not living with my wife since 2010. In the year 2011 i filed sec 9, which was transferred by my wife, which is still in court, as due to transfer it was delayed.In 2012 she joined my due to mediation in section 125 which she filed in 2011 and later on it was withdrawn as she started living with me from Jan 2012. But once again she returned to her father home in Aug 2012, she filed section 125 once again. IN SHORT, COURT HAS GIVEN FOLLOWING JUDGEMENT " ........IN THE INSTANT CASE THE P-1 HAS NOT PLACED ON RECORD EVEN A SINGLE COMPLAINT MADE BY HER AGAINST THE MISBEHAVIOR OF RESPONDENT(MY. RATHER SHE HAS PLACE ON RECORD A LEGAL NOTICE ISSUED TO HER BY THE RESPONDENT FOR REJOINING HIS COMPANY. IT IS ALSO AN ADMITTED FACT THE THE RESPONDENT HAS FILED A PETITION U/S 9 HMA FOR RESTITUTION OF CONJUGAL RITES. THE RESPONDENT HAS ALSO PLACE ON RECORD THE COMPLAINT MADE BY HIM BEFORE THE CONCERNED POLICE AUTHORITIES ON 2012, WHEN THE P-1 HAS LEFT HER MATRIMONIAL HOME FOR THE SECOND TIME. THERE IS A STATEMENT OF P-1 RECORDED ON THE SAID COMPLAINT WHEREIN SHE HAS ADMITTED LEAVING HER MATRIMONIAL HOME WITH HER CLOTHES, AND OTHER STUFF......................................CONSIDERING THE REASONS GIVEN ABOVE AND THE CONCEALMENT MADE BY THE P-1 IN HER PETITION AND ALSO CONSIDERING THE FACT THAT HER ALLEGATION ARE NOT SUPPORTED BY ANY COMPLAINT WHEREAS THE CASE OF THE RESPONDENT IS DULY SUPPORTED BY HIS COMPLAINTS AND PETITIONS FILED, PETITIONER NO 1 PRIMA FACIE DOES NOT APPEAR TO HAVE A SUFFICIENT CAUSE TO RESIDE SEPARATELY FROM THE RESPONDENT. ACCORDINGLY NO MAINTENANCE IS GRANTED TO HER AT THIS STAGE AND THE INTERIM APPLICATION QUA P-1 STAND DISMISSED. ....................................THE RESPONDENT IS EARING RS 35000. ...........CONSIDERING THE INCOME OF THE RESPONDENT AND HIS RESPONSIBILITY I HEREBY AWARD MAINTENANCE AT THE RATE 6000/- IN FAVOUR OF P-2
P1 is my wife and P2 my daughter of 2 year.
Sir,Above stated judgement is of the court they rejected maintenance at the first stage but instructed me to give maintenance of Rs 6000 for 2 year baby.
As per your earlier suggestion i take important decision and did't filed for revision as i was thinking Rs 6000/-, because expert suggest me not to file for revision.
But Sir, my wife file again a case for revision of maintenance, this time, her advocate has given a lot of examples of judgement when court also allowed maintenance in the favour of wife.
I wants to ask what will happen now , what decision court may give now.
Please reply sir, as i am very afraid , as already i have burden of Rs 6000/-. I have private job not govt. job.
Next time i will attach my case file so that you can understand it better and reply me in better way but right now please tell me what could happen at this stage.
Regards.
Kiran Kumar
(Expert) 10 March 2013
Well the entire case depends upon the facts and circumstances of the case. And those have to be observed and analysed by the judge.
The judgments referred by the other side may or may not support their case, in fact there are no set principles for this purpose.
Nadeem Qureshi
(Expert) 10 March 2013
Dear Querist
the 397. Calling for records to exercise powers of revision.
(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself' or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling for such record, direct that the execution of' any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.
Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 398.
(2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the of the of them.
Feel free to Call
Devajyoti Barman
(Expert) 10 March 2013
You need not worry. Contest the revision in higher court after all your wife has right to challenge this order.
Raj Kumar Makkad
(Expert) 11 March 2013
Nothing more to add in the given replies.
