Dvc interim maintenance stay - help

Experts,

My lawyer is planning to appeal in high court on Interim maintenance that lower court MM ordered in 2012, Oct as 8,000 per month without my knowledge. She is working and I have 26AS for 3 yrs and show she is getting 39,000 per month as on July 2013.

As I got summons only this month Aug 12 and I saw order, I am planning to go for stay.

My questions are

1) Do I need to pay arrears before appeal in HC? How HC takes my appeal?

Yes.  Purana hisaaab chukta karna mangta.

2) Since 10 months passed, can HC decline my request? I have summons copy states to attend on Aug 12, 2013

It basically depends on whether you filed objections to your dear wife's petition in DV, if you filed objection with magistrate court, then you will get stay from HC for say 81 days.  If you dint file objection, HC wont interfere in lower court decision and your appeal in HC will be dismissed without hearing.

3) If HC dismisses my appeal, do I need to go for revision in Lower court?

Matter will stay in LC only, and the LC will dispose the case accordingly in its own sweet time.  But you will have to keep paying that IA.

4) If HC considers her employment, can HC dismiss Interim maintenance?
It depends on whether or not you filed objections in LC.  

How to handle the scenario, please advise..

How much time, HC takes to give stay or dismiss the Interim maintenance...
Stay you get immediately, provided you have filed objections in LC, or else waste of time going to HC.  Dismissal it wont do.  It will ask the LC to look into matter and dispose it off accordingly.  And only after LC passes the final order under DV, if it is one-sided/not satisfactory for you, then you can approach HC, only after passing of final orders, HC will intervene in the matter for dismissal of the case and any such IO or final orders.

My next hearing is on Sep 11

Hi Helping Hand!

 

I have a question here with regards to query asked by the querist according to him the MM has ordered the Interim Maintenance without his knowledge. How this is possible? 

Querist lawyer was either in deep sleep or querist did not pay money to lawyer so that lawyer could do follow up of case.  Thats 1.  Or Querist himself was not interested in outcome of the case and blindly believed whatever his lawyer said.  So facing the problem now.

 

Please throw a light on this issue on possible misuse of Wife's advocate in not intimating the respondent in the DV in this case the Husband.

Question does not arise.  Any action the opposite party lawyer takes in court, they have to serve copy to your lawyer.  If your lawyer is ablsent, then the copy will be in the case file, which your lawyer can collect it later on same day or apply for certified copy the next day.

Eitherways its your lawyers job to do all this.

Do you suggest the respondents to keep a tab on what is happening in the DV case directly by referring the case number?

Totally up to you.  Anyway its your case, you have to keep tab or injection is totally up to you.  You cannot blame anyone even if your lawyer does not do his job properly.  You should always be vigilant would be my suggestion.

I reckon in this case the above respondent may have been complacent in ignoring the law by blindly believing his advocate. Please throw lights on How DV cases move and from the Husband perspective how we should be carefull with the above situation where the wife is working but also filed for maintenance , how to avoid this kind of situation?

We talk about this later, you can call me if you want.

Hi Sandy,

This is what my concern. This is total unjustice to me and wife lawyer managed some how and got order last year Oct 2012.

Order clearly says where MM Judge signed "Respondent didn't file counter" and hence passed the interim order, 8000 per month.

CHANGE YOUR LAWYER.  YOUR LAWYER IS A USELESS FELLOW.

Actually, I verified with my lawyer the file with bench clerk, there is no intimation to me by any means or any summons last year.

Only Summon I got on Aug 12, 2013 after 10 months. I have copy. This shows wife wants some 80,000 lump sum by misusing law.

I have copy which clearly says to attend court on Aug 12 and tell court my concerns. Next date on Sep 11.

Looks like wife lawyer told her, even if I appeal, I need to pay 80,000 then court gives stay.

They get 80,000 that's the whole idea. I am not sure what is going to happen when appeal goes to HC. My lawyer told he will appeal in HC.

Bench clerk told, it is practice of MM Judge to give Biased Judgement in favor of women, without considering husband's income and wife income.

I have wife's 26 AS form IT, where it shows Source of Income 39,000 and her payslip says HRA 7,000 per month.

I have 26 AS forms Years 2011,2012 and 2013 till July.

 

Experts, please advise.

advice given above. follow that advice first.  you can call me if you want.

 

 

Please go through my post one more time. Initial orders were in October 2012 and DVC number is XX/2012.

Now it moved to opposite court complex and number became YY/2013 and another Judge.

Summons clearly say your DVC Number is YY/2013 and need to attend on Aug 12, 2013 otherwise they ex-parte.

My mother always stays in home and we have security at outside gate. Only Summons came in Aug, 2013. Nobody came from police station because her brother-in-law has influence in PS. No entry in security register. Only entry in Aug 7th where summons got servered with copy to us.

They intentionally delayed summons so they get 10 months arrears.

Delaying summons is not possible, even if summons are issued, and not being sent to you is managed, next step will surely not be summons issue one more time, next thing would be issue of arrest warrant of accused and co-accused under PWDVA for not appearing before magistrate inspite of summons being issued 3-4 times.

Here, you are talking that summons were delayed to get 10 month arrears of maintenance, you live in a high-security house, which means that you are capable enough to pay money as maintenance. IF such were to be believed, your wife would have managed to get issued NBW [non-bailable warrant] in your name through the magistrate.  Nothing of which has happnd.

Either you were just avoiding recieving the summons staying in your high-security house.  But suddenly you have recieved the summons only to see that IA has been awarded.

When you were dodging the summons not to appear before court, you should have dodged the entire thing by not being available ever!

Since summons show to attend only in Aug 12, and nobody informed us before, it is valid reason for us to appeal and I appealed in High court and hearing yet to be done.

By now you should have already approached Hon Sessions  court or High Court which ever is feasible for you.  Remember, you have 30 days to approach Sessions and 90 days to approach High Court.  Failing which you will have to pay the said money ordered in the interim under DV by the magistrate.  And please do not mind.  Even if you tell this changing of court, changing of year story, to the magistrate or the Sessions Judge or the Judge in HC, it will be rubbished as a cock n bull story, chances are that your this story which you have explained above will be the cause of dismissal of your plea in either sessinos or HC.  Instead of telling this cock n bull story, you ask your advocate to stress more on facts, remember, relief under DV can be given only if an act of Domestic Violence has occured at your hands to your wife.

At the same time, if your wife has some solid proof of your supposed act of domestic violence.  What kind of proof, what is Domestic Violence, refer PWDVA 2005.  But if such is the case, then no matter if you go to Sessions or HC, no use.  So beware.
 

 

 

@Helping Hand,

Neither fault is with my lawyer nor with me. Issue happened in Oct 2012 and DV number XX/2012 has been opened. Interim Order has been passed as 8,000 without any notice to me. I am not aware that there was DV in MM court as I didn't get any summon.

I am not aware of it, so there is no question of keeping lawyer from my end last year.

MM Court has 6 PS Juridictions. Later it has been decided to open new MM court opp to existing court and new MM Judge has been appointed.

3 PS went to new court where my case falls. Now after 10 months new DV No YY/2013 came into picture where prev DV XX/2012 order has been attached and summons servered me with new DV YY/2013. Interim Order was with respect to Previous DV XX/2012.

I appointed lawyer immediately in the Aug 1st week only as soon as I got Summons.

Still do u see any issues from our end?

Looking your inputs.

Yes.  If you still do not approach appelate court then, you are bound to be in trouble.  So buckle up and ready steady po to HC.