gdk (student) 08 May 2010

appeal for not paying maintenance

hi all,

my husband's lawyer gave me notice and asked me to sign, i didn't sign.

actually hon'ble court has ordered my husband to pay me maintenance of Rs. 10,000. after 3 months of order, he went for appeal.

when his lawyer gave me notice crml appeal no is not there

so i wanted to know whether such appeal is a correct appeal

now my husband has to pay me nearly to 80,000 but he has not paid a single penny

in notice no court has been mentioned, no appeal no.

now what i should do, where to find in which court does the appeal lies

and one more thing, if also they go for appeal some amount they have to give me for order

regards,

needful.

Reply Follow

5 Replies

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MAINTAINENCE AND APPEAL KINDLY NOTE THAT.

1.IN CASE OF ORDER FROM 125 CRPC MAINTAINENCE CASE ,YOU HAVE TO CHECK THE SAME COURT WHERE THE APPLICATION FOR MAINTAINENCE WAS DECIDED.YOUR HUSBAND MIGHT HAVE FILED APPLICATION FOR REDUCING OR REJECTING THE SAID MAINTAINENCE AT SAME JMFC.COURT.

2.YOU SHOULD ALSO CHECK DIST AND SESSIONS COURT IN YOUR AREA AND EVEN HIGH COURT IN YOUR AREA TO CHECK ANY REVISION OR APPEAL FILED BY YOUR HUSBAND AND HAD PRAYED FOR STAY OF JUDGEMENT OF MAINTAINENCE.

3.YOU CAN FILE APPLICATION FOR VACATING THE STAY AND ALSO CLAIM PAYMENT OF MAINTAINENCE ARREARS.

4.IN CASE YOU FIND IT DIFFICULT TO TRACT THE MATTER ,THEN YOU MAY JUST GIVE YOUR NAME AND NAME OF YOUR HUSBAND AND FROM COMPUTER DEPT OF DIST AND SESSIONS COURT WE CAN GET THE INFORMATION.

5THE SAID INFORMATION CAN BE TAKEN FROM THE INTERNET ALSO .

IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE AND SEND DETAILS OR CALL FOR FURTHER HELP

GOOD LUCK

THANKS.

G. ARAVINTHAN (Legal Consultant / Solicitor) 09 May 2010

you verify with the appeal number. If no stay order is given, then file execution petition against your husband. Get advice from your lawyer in this aspect