Crpc 125

Family court order rs 12,000 per month as monthly maintaince, case is 300 on away from my city in small town , I had provided complete detail of ITR of last 5years , my annual income is rs 1.7 lakh to 2 lakh , one time 2.85 lakh but Judge before final order ask me to pay rs 12,000 , I told her I m not earning more than 2 lakh Avg see my ITR, but she order me to pay 12k . My lawyer not do any cross statement of girl or her father , no gavahi no bayan . Simple 4 Line order that both party agree to compromise on this amount. Actual words judge said take us wife or pay 12k Can I have any place or point to move if compromise is written on order

File appeal before sessions court. Appoint good advocate.

Firstly file a necessary application before trial court pointing out that you have never consented to pay the ordered amount nor there is any settlement to this point and request the court to pass the order on the merit of the case. Otherwise, a consent order is nonappealable. Consult with details. Sidharth 9811776422

Family court judge As add . Session judge

apply for the cerified copy of the order and contact with the same for further and better assistance.

Family court order can be appealed in high court only. And another condition is that no mutually agreed/consented order is challengable

Family court order can be appealed in high court only. And another condition is that no mutually agreed/consented order is challengable

Interim maintenance can always be allowed without considering entire evidence of both parties. The final order for maintenance u/s 125 will be based on evidence of income of both parties as well other considerations

No evidence no itr was shown just compromise

Thanks for reply nd help

Another case it seems where the Judge unilaterally dictates orders without consent from the husband.

These things happen when the husband appears without his advocate on crucial dates & taking advantage of this aspect the judge orders maintenance without considering evidence and closing the channel of further arguments by declaring husband has agreed to pay X amount as maintenance

Husbands should just not open their mouth in the courts and never appear without a COMPETENT lawyer.

Mr. Fighter (Why you hide your identity?) your conception about court proceeding is factually incorrect. Judge is not required to take any consent of husband for passing any order in the case. If a person is not satisfied by the order then he has the right to approach the higher court by way of appeal or revision. At the time of passing an interim order, the court is not required to examine the evidence etc. Pl do not spread wrong thing among innocent people. Pl consult some good lawyer to correct your perception. 

Its ur perception that i said courts need to take consent from husbands while passing orders on IM.  Pls read my reply again OR PM me to have a meaningful discussion and avoiding unnecesary controversy in open forums. (Last reply)

The querist says he did not agree or gave his consent to pay 12k but the court in its order said both parties have compromised and settle maintenance at 12k.

Now since the order says husband only has agreed to pay 12k it becomes difficult for his appeal to stand in higher courts.

Hence i said husbands should not talk to judges and let that be done by a competent lawyer.