NEED UGERNT HELP IN A RARE SITUATION IN CRPC125 ( MAINTENANCE) CASE
I got married in may2008. My wife is my maternal uncle’s doughter. They planned to trap me and make ghar jamai. ( I am only son to my parents). After marriege my wife started to force me to leave my parents and to stay in her parents hoause which is in village of other state. After six months she went for 9delivery in dec.2008 and came with a male child in dec.2009 after long afforts to bring her. Then in mar.2011 she called her parents and went with them by making quarrels. She left child here. After 15 days she filed petition for child custody. Then I handovered the child in court. I made several attempts to bring her but she did not gave me any response. Then on 24/05/2010 I made an application under RCRin civil court. On the next day she sent a notice through advocate as a first step towards maintenance case. Then I replied to that notice mentioning clearly about my rcr case. Then she filed maintenance case on 19/06/2010 under crpc125 in maharashtra in which she mentioned about my reply of notice and rcr. Then on 27/07/2010 she filed dv case. That time protection officer in dv came to enquiry and taken my statement in which also I mentioned clearly about rcr. Then on the day of consillation before protection officer her father trapped me by managing police and harrased to make me ghar jamai forcibally. Then I made complaint to higher authorities. As a result police took action on nine people including my wife and her parents. On 21/11/2010 I got an ex parte decree of rcr. Then I submitted it in crpc125 case. (both cases are in different states). Then in dec2010 she made application to restore rcr which is pending till today. She said that she have had no knowledge of rcr case. Dv case is also pending after our say(objection). She is not taking any steps in dv case. In crpc125 case she failed to prove my income. But magistrate allowed interim maintenance rs. 1500 + 750 from date of application with rs. 47500 arrears in feb2012. Magistrate said “1) THE APPLICATION UNDER ODER 9 RULE 13 OF CPC TO SET ASIDE EX PARTE DECREE IS YET PENDING AND NO CONLUSIVE ORDER AS RELATED TO THIS APPLICATION HAS BEEN YET PASSED. THE MATTER IS SUBJUDICE. IT SETTELED LAW THAT WHEN THE MATTER IS SUBJUDICE THEN NO ADVERCE INFERENCE CAN BE DRAWN AND NO ADVANTAGE OF SUCH MATTER TO ANY PARTY CAN BE AFFIXED. 2) ON GOING THROUGH PROPERTY CARD EXTRACTS IT CAN BE ASCERTAINED THAT THE PROPERTY BELONGS TO THE FATHER OF OPPENENT AND THE OPPONENT (me) HAS CERTAIN LANDED PROPERTIES AS THE SUBSTANTIVE SOURCE OF LIVELIHOOD ( in fact no any property is in my name) . AT EXH. XX ONE LICENCE OF SHOP ACT IS ALSO FILED IN THE NAME OF OPPONENT X. Y. ZZZZZZ ( in fact this is my fathers name and no any licence is in my name. after order of interim maintenance I submitted the municipal letter which say’s that there no any shop licence on my name). SO THIS LICENCE WOULD SHOW THAT X. Y. ZZZZZZ OPPONENT IS HAVING GROCERY SHOP. IT IS ALSO NECESSARY TO CONSIDER THAT THE DOCUMENTS OF MILK AGENCY IN THE NAME OF APPLICANT ARE FILED ON RECORD AT EXH. XX.( in fact there was milk agency of my father which is stopped before 1.5 years).
Immigeaitly she filed recovery petition to extract money from me. Now I am paying interim maintenance about 2000 to 2500 per month, wife making all efforts to harass me. I am trying to postpone crpc125 case till the result of rcr restoration. Rcr restoraion case is in last stage, in which my wife said that she have had knowledge of rcr case and she purposefully avoided the notice of rcr in her cross exam. Now in the senior division court where rcr restoration is pending, she orally said that she want divorce and demanding money from me. She is trying to complete crpc125 case before the result of rcr restoration case because she know that she can’t win rcr restoraion which is real fact. Magistrate is also making force to complete the crpc125 case urgently.
The law says that findings of civil court are bindings on magistrate. So I wan’t to stop the proceedings of crpc125, dv and recovery case till the result of rcr restoration. My efforts are to reduce maintenance.
Please advise me what can I do
1. Can I move to highcourt for stay in these proceedings under section 482 to stop abuse of law?
2. Is there any citation witch helpful to me?
3. Can I challenge in district court?
4. Is there any other way to fight strongly?
If I have to go to the high court then I need contact of a good advocate in bombay high court.
