Interim maintenance under dv act

Delay in payment and accumulation of the amount of Rs50 Lakhs to be paid is mistake on your as well your legal advisor (Advocate) part, even if we take for the sake of argument wrong order was passed by the Ld MM Saket Court, it was your duty to pay the maintenance amount to avoid accumulation of the amount for next 3 years, your advocate should have advised you to continue paying the maintenance to the wife. Even if at later stage if it was held by the appellant court the maintenance allowed to wife was wrong, at least the child maintenance still would be held as correct, the amount that was paid by you for both wife and child would be got adjusted for child maintenance for future.

The judicial process is extremely slow in India in general and Delhi specifically, this well known fact all lawyers practicing in Delhi know, why your advocate did not tell you this fact, was he just charging his fee not informing ground reality?

The matter is in Delhi High Court that will not be soon decided unless you request the bench for amicable settlement through mediation and conciliatory centre of the High Court, where try to work out lump sum amount for settlement of all dues and withdrawing all matters from the trail court and even if wife seek decree of divorce from Indian court agree to that too even if there is decree of divorce of Singapore court with you.

Thanks Mr. Vijay Raj Chaudhary and mrs Renuka Chaudhary. Infact , despite of my mentioning all things in detail, I am giving some more clarifications. The complaint was lodged on 1/12/2012 and was registered for hearings. She demanded interim maintenance under sec 23(2), claimimg to be unemployed. Court asked for detailed affadavits from both, which were submitted accordingly. By order dated 22/5/2015 the court has granted only INTERIM MAINTENANCE FOR SELF AND SON IGNORING HER EARNING. We submitted oral as well written arguements but court has not considered any of the arguements. On 7/7/2015 the ASJ Saket court started hearing our appeal which wenton on 21/8/2015, 3/10/2015 . on  2/11/2015 court ordered for an FD of 50% of child interim maintenance which was paid by FD. Balance of the arguements were to be heard on 23/1/2016 however the complainant went to H C Delhi and obtained stay of hearing of our appeal. Next date in HC is 3/3/2016. So delay was not on the  Part of Respondent but is on account of court. THis is interim maintenance. Do not know when the matter will stage final stage.  

Next date 3/3/2016 in Delhi High Court is for report of the summon served upon you and for marking your presence through your advocate, better engage some good advocate for the same. Delay in payment means you should have started her payment as soon the order of the trail court pronounced on 22/5/2015 even before filling for appeal againt the order.

hanks Mr. ViTjay Raj Mahajan . When order, being appealed is first complied with , than what is there in the appeal. The appeal court was requested for grant of stay against the order. Thus the Judge after hearing both the parties ordered for payment of 50 % of child maintenance arrears , which has been complied with . Now the complainant has gone to HC against the interim  order of appeal court

This order should be set aside if challenged before a higher court.

Namashkar!

this order is another case of NRI harassment. MM Shivani didn't apply her mind as evident cause the order quoted in the order sheet doesn't apply in this case. Only a blind judge can't see that The petitioner is earning and is just using law to benefit!!!

if Husband / aggrieved in this case took Divorce from Singapore this is logical. When the Indian system is women favouring and slow to core - what else to be done!

adv Vijay Raj Mahajan, do you have anything concrete to help? You are not adding value by criticising the advocate. As reasonable appeal to the absurd order from MM is the right thing to do.

i firmly believe some foul practise in this case and hope HC judge fixes it. Yes Mr Kishan higher a better advocate to lead your case. 

Who is the senior advocate from other side ?

Thanks Adv Rachna Pandey. I have brought this case on this forum for highlighting the plight of  an NRI . I have gone through various other decisions of Shivani Chauhan where in she denied any interim maintenance to  qualified and woking woman., but do not understand what made her to give this decision contrary to SC, HC citations and going against the settled position. Why it took 2 and 1/2 years for her to decide the interim maintenance  that too by ignoring the facts available on record and at the cost of the complainant not disclosing full details of her employment..

Yes I have approached the High Court but there also court  mayl ask for first depositing a part  of arrears of interim maintenance granted by this  illegal  order and this is what the otherside experts want.They want to earn by foul game and means.

I'm not sitting here to give concrete solutions to the problem created by other advocates nor I'm criticizing other advocates just for adding to the plight of the clients suffering. Section 23(2) of the D.V. Act is for providing ex-parte interim relief to the wife and if the court takes 2 and 1/2 years to decide this application the fault lies with all , legal system, the advocates of both sides as well the learned judges. Secondly no judge in the subordinate court is stationed in a particular place for more than 2 years, what it means before the said Ms Shivani MM was handling the case some other MM was looking in to the matter, why at that time the advocate of even the respondent insist that the application U/S 23(2) to be decided that should have done in one of two hearing namely within 3 months to be maximum.

The advocate of the Respondent for 2 and 1/2 years was sitting on the patronage of the client making his fee but not insisting to get the matter expedited, at the cost of his client he made blunder that Mr. Krishan does not understand.

Even if for all purpose the decision of MM Saket is considered wrong the appeal to higher courts will take more years to decide hence I advised to go for mediation process to settle the dispute in amicable manner, get rid of all dues and even if amount has to be paid let it be decided by parties between them, the mediator in the mediation center will help in arriving at the amount, there is no other concrete solution for this dispute that any sensible person can advise at the moment, if you Adv Rachna Pandey in your wisdom have please go ahead and advise to Mr Krishan and his son.

Respected adv Vijay Raj Mahajan, thanks for the kind advice and suggesting a solution for the present. For your kind information this interim order is not under sec 23(2) but sec 23(1), the first being exparte, I have seen a number of  arders of the same MM with similary facts whereby working/qualified complainant was denied interim maintenance but my son being NRI has been treated differently.  Practically your suggestion is very good but this have its own defects/flaws which I do not want to discuss. The time of two and half year was consumed in obtaining reply, counter reply affadavits of income etc and giving hearing date after almost 3 to four months. Neither I am complaining against any person in particular nor the situation that has to be faced but yes what  wrong is with the system where we can not point an accusing fingure against the wrong doers but suffer for their fault.

Hi,

i am a new member to this forum and heart broken after seeing this post. 

Kishan ji, I am also going through the same.

Adocate Vijay Mahajan, you have exposed a racket in India. What makes you think that when educated judges go blind in giving a unbiased judgment that fractured Lawyers who do mediation as pass time to use any sincerity and logic? 

I have been through mediation and there it is "bandar bat". Shameful but truth is that the mediator and Lawyers have a lobby - End of the day only the guy pays and everyone makes merry. 

 What does the girl get - ego satisfaction that she broke her ex.she losses time and energy.

When I was young, My grand Mother use to tell me the story of cat and the monkeys. In monkeys quarel , cat benefitted. 

Sidharth , Advocate Vijay and Rachna ji -  I have a question .

If the hearing is done properly - can the high court judge look at the Blind ( in court language Misscarriage of law) court order and clean the slate or ask a relook on MM order ?

are there any such cases ?

also ( I Guess rare as the vultures would have scrapped every bone) still any cases where the money paid by guy has been returned to him after court correcting the mistake?