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(Guest)

Please advise on recovery of maintenance in dv act

Dear All.

As stated in my previous post, the JMFC Court in Kolhapur has awarderd Rs5,000/- PM as Maintenance from date of filing the case (Sept-2010) + Rs. 5,000/- PM as rent from date of judgement (Dec 2011) + Rs  50,000/- towards alimony.

I have appealed in Disctict court for not accepting the judgement saying as it is baised, fictual & non of the documents or evidence are considered while pronouncing the judgement.. I have not asked for any stay on the judgement from JMFC court.

Now my Querries are:-

1. If i apply for stay on the Judgement can I apply in the same discrict court, do i need to pay any money say atleast some percentage of money to be recieved.

2. If at all I have to pay some money, can I request the court to retain the money till the end of this case & then decide for allotment.

3. As I said that I have not applied for the stay on the judgement, How will they recover the amount from me. (want to say that; do they have to apply for the recovery in the JMFC court or in District court, as all the papers of the cases are been requiested to be transfered to district court).

4. My last questions is; As the judgement is pronounced in my name & there are no claims against my parents, The recovery officer comes to my house in search of me to recovery the amount of maintenance & my father tells the officer that few days back there was quarrel between him & us, from that day onwards he has left the home & we dont know whereabouts of him. - What shall be the consequencess. ( I will be absconding till the District court appeal is not closed).

Please provide me with your valuable advicess.

Sagar



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 January 2012

If the proceedings of the lower court stayed by the Dist., court then you need not to pay the maintenance till the disposal of an appeal.

(Guest)

Dear Mr. Rajeev,

 

I have already got the judgements from the lower court, now i want to avoid the maintenace amount to be paid till the case is in Disctrict court.

Please go through my post once again & please provide my your valuable advice.

with regards

Sagar

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

This query has been answered elsewhere/

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

Dear Mr. Shonee Kapoor,

Can You please let me knoe the thread where it is answered.

 

Sagar

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

I have personally seen it, where have you asked other place.

 

I guess it was below some other thread which you posted your query.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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