(Guest)

Can judge ammend his own judgment

Dear Experts,

In DV act case, JMFC court gave Judgment & is as follows. The respondent No;1 that is me, have to pay Maintenance of Rs 5,000/- from Date of registration of case, + Rs. 5,000/- towards house rent from date of Judgment + Limpsum amount of Rs. 50,000/-. there is nothing written against my parents, they were respondent No; 2 & 3.

Later i appealed in the district court, where the case is pending & i did not take any stay on the order.

My so called wife filled case for recovery of the amount in the JMFC court (same court). notice was addressed to my parents also. I did not take the notice, but my parents accepted the notice & appointed a lawyer for their part. They have given a written affidivate saying they dont have more relationship with me, as I have quarrelled & left the house for ever.

Now the judge is saying that the maintenance amount has to be paid by the parents also as they are respondents.

I am bit confused about this statement;

The same Judge gave the judgment saying I have to pay the maintenance in original suit & now the same judge is changing his own judgment. saying my parents have to pay.

My quarries are as belo:-

1. Can a judge ammend or ulter his own judgment?

2. Are my parents liable to pay maintenance & lumpsum amount ? (as i have heard may cases that there is no right to ask for maintenacne from in-lawys).

3. How can my parents defend this case (please input some of your valuable advice, so that i can suggest my parents lawyer).

Regards

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4 Replies

**Victim** (job) 20 June 2012

Your parents are not liable to pay maintenance not even under DV act it seems judge has given a lenient decision towards your wife you better challenge that order given by judge in upper court.

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**Victim** (job) 20 June 2012

indiankanoon.org/doc/913087/

Dear Sagar please go through the above Supremen Court Judgement you will get your answers once you read the entire judgement.

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**Victim** (job) 20 June 2012

(Guest)

Thanks **VICTIM** for your valuable Suggestion,

just by my narration itself you confirmed that the Judge is very linient towards my wife, if you read the judgment then you will slap the judge in his face.

His judgment says (I am posting only part of it) "After going through the case details, there is no proof produced of Domestic voilence, All the three defendents are aquited from 498a, even then i am of belive that DV has accoured, I also know that applicant has filled maintenance case under section 125, & defendent has filled case under RCR, Even if the Defendent no; 1 (that is me) has given an affidivat that he is un-employed, I cannot belive that he is un-employed at present as being an engineer & has worked abroad earlier. Hence I give an order as below, Defendent No; 1 shall pay Maintenance of Rs. 5,000/- per month from date of filling of case & Rs. 5,000/- towards rent and compenseation of Rs. 50,000/- towards DV."

After this judgment I have apealed in District court, & she has applied for recovery.

Dear Advisers I wold like to know; Whether the same judge can ammend or change his own judgment, as the maintenance & lumsum amount is to be paid by me, & now the judge wants my parents to pay the lumsum amount saying they are also equally aquesed in the DV case. Can he do so ???

with regards

Sagar