Review or set aside for exparte interim maintenance order

Dear Sai Narayan,

If there is exparty order against you then you have to file set aside application along with review application under section 114 order 47 Rule 1 CPC.

But Judge has awarded maintenance amount 1/3 of your salary, so chances of your sucess is very less.

Sorry for above calculative error, judge has awarded maintenance about 43% of your salary which is wrong, you should file review on the basis of your expenditure try to convince the judge to reduce the amount around 10k to 11k i.e 1/3 of your salary

Originally posted by : Sachin
	Sorry for above calculative error, judge has awarded maintenance about 43% of your salary which is wrong, you should file review on the basis of your expenditure try to convince the judge to reduce the amount around 10k to 11k i.e 1/3 of your salary

Hi Sachin,

Thanks a lot for replying. I have two more queries please.

1. Till the disposal of review petition, court insists me to pay what it has already ordered or allow me to wait till the decision on review?

2. Do I need to submit any affidavit along with this review application? If yes, i can sworn in front of any advocate or notary is required?

Originally posted by : sai narayana
	Hi Sachin, Thanks a lot for replying. I have two more queries please. 1. Till the disposal of review petition, court insists me to pay what it has already ordered or allow me to wait till the decision on review? 2. Do I need to submit any affidavit along with this review application? If yes, i can sworn in front of any advocate or notary is required?

I have seen in many cases where court asked the husband how much he is willing to pay ? you can tell some reasonable amount which you will be paying during the review.

Yes, in civil cases with every application you need to file affidavit along with application. If you have lawyer he will do it on your behalf.

You are not bound to appear personally in court but you should appear because judge may ask you to voluntary offer some amount.

Originally posted by : Sachin
	Originally posted by : sai narayana Hi Sachin, Thanks a lot for replying. I have two more queries please. 1. Till the disposal of review petition, court insists me to pay what it has already ordered or allow me to wait till the decision on review? 2. Do I need to submit any affidavit along with this review application? If yes, i can sworn in front of any advocate or notary is required?   I have seen in many cases where court asked the husband how much he is willing to pay ? you can tell some reasonable amount which you will be paying during the review. Yes, in civil cases with every application you need to file affidavit along with application. If you have lawyer he will do it on your behalf. You are not bound to appear personally in court but you should appear because judge may ask you to voluntary offer some amount.

As my lawyer cheated me, I want to contest my case as party-in-person. I am facing problem in sworning on Affidavit. Can i sworn in front of a notary anywhere in India or in the jurisdictional area of court only?

Originally posted by : Sachin
	Originally posted by : sai narayana Hi Sachin, Thanks a lot for replying. I have two more queries please. 1. Till the disposal of review petition, court insists me to pay what it has already ordered or allow me to wait till the decision on review? 2. Do I need to submit any affidavit along with this review application? If yes, i can sworn in front of any advocate or notary is required?   I have seen in many cases where court asked the husband how much he is willing to pay ? you can tell some reasonable amount which you will be paying during the review. Yes, in civil cases with every application you need to file affidavit along with application. If you have lawyer he will do it on your behalf. You are not bound to appear personally in court but you should appear because judge may ask you to voluntary offer some amount.

Hi Sachin,

In Affidavit do I need to re-write everything i wrote in petition or only declaration with title clause is enough to sworn?

Format of affidavit attached.

Hope it helps.

Originally posted by : Sachin
	Format of affidavit attached.   Hope it helps.

Thanks a lot brother.

Do I need to fix any court fee on it, how much worth?

Is Signature of advocate/notary required at the end of the affidavit?

On application you need to affix stamp of 2 RS

If you are appearing in person Why will any lawyer sign?, notory will write your number of id proof like adhaar no or DL no, if you have lawyer then he/she will attest it.

Originally posted by : Sachin
	On application you need to affix stamp of 2 RS If you are appearing in person Why will any lawyer sign?, notory will write your number of id proof like adhaar no or DL no, if you have lawyer then he/she will attest it.

it's my first attempt so I am troubling you with so many queries.

1. Court fee to be fixed on Petition/Application (or) connected Affidavit (or) all documents?

2. And that 2/- court fee shall be bought from same court or anywhere in same state, A.P.

3. Every Affidavit needs to be notarised or not, if contesting as party-in-person.

Originally posted by : sai narayana
	it's my first attempt so I am troubling you with so many queries. 1. Court fee to be fixed on Petition/Application (or) connected Affidavit (or) all documents? 2. And that 2/- court fee shall be bought from same court or anywhere in same state, A.P. 3. Every Affidavit needs to be notarised or not, if contesting as party-in-person.

1. Court fee to be fixed on first page of APPLICATION

2. Anywhere from the state of A.P

3. Every affidavit need to be notorised

Whenever you file any application in civil case, affix court fee on front page of application and attach a notorised affidavit along with application

Originally posted by : Sachin
	Originally posted by : sai narayana it's my first attempt so I am troubling you with so many queries. 1. Court fee to be fixed on Petition/Application (or) connected Affidavit (or) all documents? 2. And that 2/- court fee shall be bought from same court or anywhere in same state, A.P. 3. Every Affidavit needs to be notarised or not, if contesting as party-in-person.   1. Court fee to be fixed on first page of APPLICATION 2. Anywhere from the state of A.P 3. Every affidavit need to be notorised Whenever you file any application in civil case, affix court fee on front page of application and attach a notorised affidavit along with application

Sachin, Thanks for your detailed replies.

Originally posted by : Sachin
	Originally posted by : sai narayana it's my first attempt so I am troubling you with so many queries. 1. Court fee to be fixed on Petition/Application (or) connected Affidavit (or) all documents? 2. And that 2/- court fee shall be bought from same court or anywhere in same state, A.P. 3. Every Affidavit needs to be notarised or not, if contesting as party-in-person.   1. Court fee to be fixed on first page of APPLICATION 2. Anywhere from the state of A.P 3. Every affidavit need to be notorised Whenever you file any application in civil case, affix court fee on front page of application and attach a notorised affidavit along with application

Do I need to rewrite the whole content of petition in Affidavit also (or) what you have written in enclosed affidavit viz. The title clause, affirmation and verification is enough.

Whole content to be written when court say to file something like evidence or reply  "by the way of affidavit."

but if you are filing application or reply then application along with affidavit.