Hello Experts,
A final maintenance order u/s 125 C.R.P.C. is passed by the family court at bandra for herself and her minor @ Rs. 5,000/- each yesterday.
Now, the scenario goes this way :-
I had filed divorce petition on the grounds of desertion and mental cruelty in 2009 in family court at bandra, and within one month, she had filed maintenance petition for herself and her minor u/s 125 crpc. Since, she had declared that she was working and well educated so no IM was passed for her but an IM @ Rs. 2,500/- was passed for her minor in 2011 considering my monthly salary of Rs. 8,500/-. She claimed that she was working on contract basis which got expired on sept., 2012. Immediately after expiry, she had filed PWDVA case in JMFC court at Kalyan (i.e. after 3.5 years of living separately without any reasonable cause, which she had already admitted in her police station complaint) along with IM for herself as she is now jobless. The JMFC court therefore has passed an IM order for her @ Rs. 3,000/- p.m. as against Rs. 8,500/- thereby ordering me to pay Rs. 5,500/- p.m. (3,000 + 2,500). I have then approached sessions court @ Kalyan to file an appeal against IM order passed for her. Due to a delay of 86 days, my argument for delay condonation is stil pending in the sessions court.
Yesterday, my divorce petition was dismissed on the grounds of lack of evidence (which is actually false as i had submitted all relevant evidence in the hon'ble court where she had admitted that she is not willing to come back). Apparently, the family court judge has passed a final maintenance order for her child @ Rs. 5,000/- p.m. and Rs. 5,000/- for herself thereby asking me to pay Rs. 10,000/- p.m. as against my salary of Rs. 8,500/-. When i asked the judge on what basis have you pass an order for her ? He said that this final order for her is passed in this family court so that she should withdraw DV case from JMFC court at kalyan. The judge also directed me to pay monthly maintenance for her would be applicable w.e.f. december 2009 (date of her application for maintenance petition u/s 125 crpc). This means, all of a sudden, I have to pay arrears of Rs. 2,68,000/- (5,000 passed for her x 52 months) till date, inspite of providing evidence that she is a freelancer earning more than 20,000 - 30,000 p.m. and well educated , capable and a trustee in a government organization.
My questions :-
- How can the family court judge tell her to withdraw DV case at JMFC court - kalyan and pass final maintenance order for her in family court ? Does family court has the authority to pass final order for her when DV case is still pending in another court and it is still not proved that any Domestic violence ever occured to her.
- Inspite of producing my salary slip which she has never challenged from past 5.5 years, how can the judge pass such exorbitant order ?
- What will happen to my appeal which i have already filed against her IM order in the sessions court at kalyan ?
- I have heard that in order to file an appeal in Mumbai high court against final maintenance order, I should first pay 50% arrears to her .... is it true ?? If this is true then suffurers like us would end up behind bars if we would wish to file an appeal to higher court as such courts are only meant for appelants drawing a handsome salary. Also, with my take home salary of Rs. 8,500/-, I will have to borrow additional Rs. 1,500/- to pay maintenance without having food to eat as no money would be left for me.....
I would appreciate if anyone would answer my above 4 queries as am appearing in person for all litigations and thank you for your patience reading my long query.
