Abhinav Jaiswal 29 June 2023

Illegalities in the judgement of crpc 125 maintenance case

My maintenance CRPC 125 case has been decided granting me maintenance amount of 18,000 per month, but the judgment contains several illegalities, such as 1) deciding the maintenance amount without Rajnesh vs. Neha affidavit of my husband, whereas i have submitted my affidavit 2) granting maintenance from the date of order (not complying with the direction of landmark SC Rajnesh vs. Neha). 3) deciding maintenance amount without deciding the income of husband 4) My husband's ITR details(which shows that he is earning 1,50,000 per month)had been retrieved through RTI by me and presented in the family court, but the court did not appreciate this information submitted by me (it was not exhibited because it was presented at the later stage of the case).

Now, Should I file an appeal or a revision in the high court? Are these illegalities enough to file an appeal, or should I file a revision? please help.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 30 June 2023

You are referring to a judgment in your question but have not informed that what is given in that judgment which has not been followed by this trial court?

There are plenty of issues covered in the said judgment pertaining to neha vs. rajnesh case, you have not mentioned about the particular issue which was not considered by the trial court

The information about his income otained through RTI act was not considered by trial court beause it is not one of the documents filed by you and marked as your side exhibit hence it cannot be considered as a documentary evidence.

However you have rights to prefer an appeal against the aggrieved judgment, but please note that it is limited to the issues discussed by the trial court in its judgment and not by any new facts introduced later in the appellate court

Dr. J C Vashista (Advocate ) 30 June 2023

Appeal is the right of aggrieved person wherein all these grounds are valid, favourable which can successfully be agitated.

Whether the order of grant of maintenance u/s 125 has been passed by Magistrate or Family Court since both of them have to be considered for moving to appropriate appellate court.?

Is it your client's or personal case ?.

Abhinav Jaiswal 30 June 2023

Sir, I appreciate your response to my query. order of grant of maintenance u/s 125 has been passed by Family Court and It's my personal case.

Niharika Lohan 01 July 2023

Hi Abhinav Ji, I’m Adv. Niharika and here is my take on your query.

I see two remedies available for you. The first is alteration in maintenance order S.127 CrPC which lays that whenever there is a change in circumstances the Court may make alterations in the maintenance order. Here, the circumstances before the Court has been changed, i.e., RTI of 1.5 lakhs salary per month. This information was not exhibited before the court while deciding the maintenance amount in due time and the order was decided based on the facts and circumstances present before it then and now the circumstances have changed, there becomes valid grounds to use S.127

Other remedy is Revision under s. 399 read with 401 read with 482 CrPC. The Sessions Judge u/s 399 hold the same power as that of a High Court judge u/s 401.

I hope this information helps and for further information, you can contact me via email at niharikalohan@yahoo.com