I dont have money

File review application with supporting documents of salary statement and bank statements showing your monthly inncome and ask for the review amount in RCR case.  If the court rejects your application, go to High Court under revisional jurisdiction. If maintenance amount is reviewed according to your satisfaction, then file the review order in S.125 and D.V. case, so there maintenance prayer can be denied.

Adv. Chandrasekhar, This is more of a query than a counter to your post. Is it not true that in general once a lower Court issues an Order, it loses jurisdiction over the issue on which an Order was issued? Therefore, will the lower court which issued the order, have jurisdiction over the review application? This is not a case of typographical error in the judgment or such situation.

Originally posted by : Pankaj Khurana
	Hi, As everyone i have a long story , just briefing in short. I belong to Ludhiana she belongs to Rajasthan Jan 2013               Married. August 2013         She left with her father from home. November 2013  I tried but fail. So as per advocate I have put section 9. December 2013  She put counter case as FIR for 498a, DV, 125 in Rajasthan including 9 members. Now Me & mother out on Bail rest members are in DV only. Now Dates & Dates , I have to visit again & again.  I am strong contender to no issues. Everyone knows all laws in favor of girl. but i want to fight for my innocence. Section 9 Case was about to exparty, but on last date they appeared. Judge (a lady) without any proofs just by there application that, I m earning 50k monthly ordered me to pay 25k litigation charges & 10k monthly maintenance. I am earning around 15-16k with bank records from company exclusive my liabilities of travelling every month 3-4 times for cases. Ludhiana & Rajasthan advocates fees etc… But 125 Crpc is still there in Rajasthan. As I know only one maintenance is granted. She was asking maintenance in DV & 125 Crpc now in Section 9 also.   My advocate is just an ATM to me, Always money, even now he said case changed now it will take 2 years, more charges…F***.  Do I change advocate as I have to pay again to him also.   How I Can defend maintenance in section 9. How many can be granted. How can I save my hard earned money. Please guide.

Its all your lawyers fault.  It  appears that your lawyer has not filed objections to maintenance application.  That is the root cause of the problem.  A reply too has to be filed in the following manner.

Show your income to court minus expenditure = take home income on which 1/3rd is allowed as maintenance.  Your lawyer should have asked for appointment of court commisioner who will get infor about immovable assets of wife.  Your lawyer should have filed RTI application and got information about wife's employement.  Your lawyer should have filed application seeking call of records from wife's employer along with 4 X 6 recent colour photo of hers.  Also file marks sheet from college or PG to court to prove that she is well educated and only pretending lame duck to suck money from husband.  Your lawyer should have filed necessary judgments from Honourable HC, SC where maintenance denied to well educated equally capable wife.  Also your lawyer should file change in circumstances application at the end of 1 year from date of application of maintenance, if any to ask the court to re-adjudicate the alimony ordered and so forth.

That is the way one counters a maintenance application.  

Without the above, court will order whatever wife has asked and claimed thereof.

If you want to change lawyer, then have to pay new fees to new lawyer. [I suggest you to change lawyer]

If you dont want to pay her money, there is one more thing you can do, just bring wife back and you will not have to pay her any alimony.  Ask her to take back all the cases and you lead a happy marital life, no more issues of paying money to her.  Concentrate on job, make understand wife importance of peace in family and co-operate with you in leading happy marital life.  If not.. Fight all cases tooth and nail.  Come back here to get legal advice as and when you smell something fishy.

Good luck.

 

 

Thanks for the reply Fighters

Found link to my Section 9 .....

https://ecourts.gov.in/services/cases/o_civil_case_history.php?case_no=204600369812013&frmAction=modify&dist_code=1&court_code=3&state_code=22

Mr./Ms. Jimmy, You have raised a very fundamental and very important question.  The order under Section 24 was passed by the A.D.J. under Hindu Marriage Act. Section 21 of HMA says that C.P.C. is applicable to the proceedings of HMA.  Section114 (a) allows review before the same court against the orders/decrees for which appellable remedy is there, but the party does not go for an appeal can go for 'review'.  Section 114 (b) allows review before the same court against the orders / decrees for which there does not lie appeal.  Now order Section 24 HMA is interlocutary order in view of some high courts and it is not an interlocutary order in view of some courts.  Whatever it may be, without going into complicated question that Section 24 HMA order falls within Section 114 (a) or 114(b) of C.P.C., you can safely derive that A.D.J. under H.M.A. has a review power to review his own order.  That is why I gave such suggestion.  What you have been referring is inherent power under Section 152 C.P.C.