akshaykumar (unemploy) 05 April 2016

Interim maintenance

Hello Sir

I am facing Dv case and crpc 125 case from last one year. short details as below

my jijaji had arranged my marriage with her in 2000.

in 2005 she had left matrimonial house then she done false complain in social ngo after that we had sumitted all facts to ngo on that basis in ngo we had done compro.

once again she was left matrimonial house in 2010 with my jijaji , on that time my jijaji had beaten me and my oid age father, and my jijaji threaten us he will beat us and he will kick my sister out of house and keep my wife with him etc.. she and her family and my jijaji family in group they are harassing me and my father, sister from last many years.

once again in 2010 she done false complain in social ngo after that we had sumitted all facts to ngo but this time they had not done compro. after five years in 2015 they had done false dv case and crpc 125 case.

She is b com & doing job and I am 12 pass & had no income .we had submitted Her Epf Statement Submitted in both courts as evidence. and they had not submitted any proof of my income (40 K) as they mention in their application.

In Dv case we had sumitted reply with some basic evidence like comminocation applications & letters in social ngo, local police station, reg letter to my wife to come back at matrimonial house, legal notice of advocate to rejoin matrimonial house and their reply, online pf details of her company with her name.

after that they had done interim application and her affidavite for cross . we had reply for interim application with evidence (her epf statement of last two years with clear cut her name, brith date, epf joining date, husband name etc..)

they had not submitted any proof / evidence from last seven dates regarding her affidavite for cross. and my lawyer is not doing cross examination and delaying he had only replied and done normal arguments for interim.

And court done order for interim 2000+1500(child) = 3500

Now in Second case CRPC 125 My Lawyer is delaying to reply from last one year saying that we will reply after interim order of dv case atlast I had submitted reply with all Evidence on last month with his permission.

now consider above details and my question are as per below

1. how many chances to reduce dv court interim order of 2000+1500(child)=3500 and upto How much? (she is employed and i had not any income)

2. what is procedure for reduce interim order of dv court?

3. If we complited cross and exposed her working details can we get benefit in interim order?

4. Our Delay for Cross Examination is big mistake?

5. Our Normal Argument is big mistake?

6. How to Cover back and reduce interim ?

7. In Crpc 125 we had replied with evidence what is next procedures of family court?

8. what are thing we take care in future?

Thanking you In Advance Please guide me Thank you.

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3 Replies

(Guest)

You write English so well, and you dont have any income?

3500 is not much, pay it. Going for appeal will only help you waste time of your wife, No gaurantee that this will be reduced.

Saying no income is wrong. Tell you have lower paying job, but having no job and no income is crime. If you dont have job, register yourself in local employment exchange as unemployed. Give card copy to court, say that you are looking for job.

If you have her working details, give it to court and chances are court will cancel maintenance to her. This you can do in your appeal also to the sessions court to reduce maintenance of 3500.

Further you can summon her employer, by giving her employer address to the court, to get details of her employment and salary.

Delaying cross will only waste time, and prolong case.

As you have kid you can expect interim mainte not to be reduced. Court wont reduce it. These days 3500 is nothing for a mother kid package.

As court has ordered 3500 at least pay one installment, that will help you from warrant not being issued for recovery/vasooli. And her 125 crpc wont stand as she cannot ask alimony under different sections of law, she can get alimony only once, and court can order it only once under only once section of law.

Marriage is all about art of keeping wife under control. Do that. Bring her back and manage things for sake of kid. Why trouble young mind for devil woman?