Revision of maintenance order u/s 125, being null and boid
Guest
(Querist) 06 November 2014
This query is : Resolved
Sir,
A order has been passed by the trial court directing the my client to pay an interim maintenance of 4000 to the wife.
Now brief facts of my case for revision in the sessions court from the side of the husband is that
both the parties got married in december,2013 and lived together only for a period of 7-8 says and living seprately since then and later on the husband came to know that the wife is already married to some other person in 2012 and they had also registered a notary attested divorce deed after 2 months of her earlier marriage, which is not valid..and this contention has been raised in the trial court but the same got unheard by the judge and the judge passed the order.
Sir now should i file the revision and a case for decree of divorce as the marriage being null and void simuntaneously or not..
And can somebody please help me with any sc judgment denying maintenance to the wife on the ground the marriage being null and void..
Or to stay the maintenance order in the sessions court..
Devajyoti Barman
(Expert) 06 November 2014
You can file suit for nullity but as long as the suit is pending the maintenance will continue.
Such suit takes years together for final disposal. So brace for a long legal battle.
Decisions are not supplied here.
V R SHROFF
(Expert) 06 November 2014
trial court or criminal COURT HAVE NO POWER to declare any marriage legal or illegal.
So it is useless in criminal court.
YOU MUST FILE PETITION IN CIVIL COURT FOR DECLARATION OF VOID MARRIAGE, SHE BEING ALREADY MARRIED.
ONCE YOU GET ORDER OF DECLARATION THAT MARRIAGE BEING NULL & VOID, YOU PRODUCE IT IN TRIAL COURT TO STOP ANY MAINTENANCE IMMEDIATELY, AS SHE IS NOT WIFE OF YOUR CLIENT.
NO OTHER REMEDY.
Despite 125/ DV doors are open to her being live-in relationship.
If ur WS contents " she is not my wife" , it would hv helped you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 November 2014
I will pick up the thread from SHE IS NOT MY WIFE suggestion by Mr shroff.
The basic mistake defense lawyers do is to make admissions and making the job of the opponent easier.
She is is not your wife and if you would have contested only to this point alone no court would have granted any relief to other side.
Guest
(Querist) 06 November 2014
Thank u sir for your valuable advice..but is there any way i can get stay on the proceedings u/s 125..as to declare a marriage null and void will take years..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 November 2014
The court has granted maintenance means you must have given some admissions.
It is now not easy and simple.
You must engage expert legal assistance to avoid further cases.
Such complex court matters can not be solved through free web sites .
malipeddi jaggarao
(Expert) 06 November 2014
Take clue from the expert advice of Mr.Shroff and deal with the matter carefully as suggested by expert Advocate Defense. Online advice will not be suitable in such a complex situation.
Nadeem Qureshi
(Expert) 06 November 2014
file a revision petition before HC if the order passed by the family court. otherwise filed before session court along with an application of stay the maintenance order till the final disposal of the case.
file a suit for declaration before family court.
Guest
(Querist) 06 November 2014
Thank you so much for the advice sir..
Rajendra K Goyal
(Expert) 06 November 2014
Advice from expert VR SHROFF is precious.
Consult your lawyer and show him full case file for maintenance issue.
T. Kalaiselvan, Advocate
(Expert) 08 November 2014
The opinion of expert Mr. Advocate Defence is found to be more meaningful besides observations by expert Mr. Shroff on the subject.
Guest
(Expert) 09 November 2014
The petitions should not be for revision of maintenance order u/s 125, but for the nullity of the void marriage. Besides petition for nullity of marriage you may also need to pray for grant of stay for payment of further maintenance, if order already executed, till the case is finally decided.
V R SHROFF
(Expert) 09 November 2014
Plain wording of Adv Paras indicate it is not a Family Court.
If FC: can directly ask in same court for declaration of Void Marriage and STAY of 125.
Situation is tricky, and it will not take years; it is a matter of Law and clear fact, so can be decided fast..
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 November 2014
There are many persons on this site advising routinely REVISION / APPEAL AND STAY.
Once the lower court grants maintenance intrim or regular than even APEX COURT does not grant stay. Even matter is not heard without payment of dues.
I am just giving this input for those would be victims who are facing same situations that you should fight the case prior to passing of ANY order by lower court.
In this case the person or his advocate must have given admission that both persons were living as husband and wife , so the lower court must have passed the order granting maintenance.
Now no use fighting that it is not a legal marriage and what not.
Now only option open is that further cases which may be many and more draconian should be avoided by taking expert legal assistance.
Dr J C Vashista
(Expert) 11 November 2014
I agree with the experts advise.
FC can grant stay of execution of the order u//s 125 Cr.PC;
The said order was passed after admission that she is legally wedded destitute resoourceless wife, which shall have to be honoured till the decree of nulity of marriage itself.
Guest
(Querist) 13 November 2014
Thank u all for your valuable advice..got the stay on the order of the trial court in revision in the sessions court till the disposal of the revision petition..
