Vishal Indurkhya (Professional) 08 April 2011

Review u/s 114 of CPC of the Interim Maintenance Pendente Li

Dear Sir,

Requesting your expert advice on the following matter please -

Case Brief - Wife first filed a false case u/s 498-A of IPC against husband & his parents. The case is ongoing currently.

In due course of time, the wife filed a case of Divorce in the Family Court, on ground of Cruelty, keeping base of the same allegations, which she already used in 498A case. Along with this case of Divorce she also filed a suit seeking Interim Maintenance Pendente Lite u/s 24 of Hindu Marriage Act.

The Family Court judge asked to settle the interim maintenance issue first & ordered me to file reply.

My Reply - I mentioned that she left matrimonial home on her own & against my wishes. If she wants to come back then she is welcome.

I also submitted her TDS certificate showing her regular income in tune of Rs. 20,000/- per month through various sources (Selling Insurance Policies, online share trading etc.)

In addition, I also showed my financial condition that being a full time LL.B. student I do NOT earn a single rupee & fully dependent on my father.

The learned judge acted in fully prejudiced way and ordered for Rs. 1,000/- per month & on last hearing along with the instructions to clear arrears, forced me to pay Rs. 2,000/- there and then, otherwise he would take me to task.

Now the bench has changed and a new Judge has come. So, I intend to file Review u/s 114 of the Code of Civil Procedure.

Can you kindly enlighten me, that do we have any precedence of any kind on the above way, or any decided / leading case citations, wherein the Same Court has granted relief / nullify the passed Interim Maintenance Order.

P.S. - The decision to request for review in the same Family court, instead of appeal / revision in the High Court, is with the intent that besides saving time, the chances of getting heard appropriately, is higher in the Family Court.

My details are given below. Pl. feel free to call / let me know if I could be of any help anytime from my end.

Awaiting your guidance to proceed further,

Vishal Indurkhya
C/o Dr. Raja's Diagnostics
1104, Andherdeo
Jabalpur - 482 002
Madhya Pradesh, INDIA
Phone - 0761 - 2652487
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com

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4 Replies

Damayanti (Unemployed) 08 April 2011

I think you should concentrate on your 498a case more.

Ofcourse you are already a lawyer in the making!

1 Like

Tajobsindia (Senior Partner ) 08 April 2011

First what is the date / month / year of passing Interim order?

Based on which the right Jurisdiction can be advised followed by right Sections of the Act and not what you are seeking here as advise which becomes point of dismissal at admissan stage itself if ventured as you write !

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Damayanti (Unemployed) 08 April 2011

If you are hell bent on contesting the maintenance order then :-

For a judgment debter like you in your case, you have two options at HC

1) Appeal does lie in HC.

2) Revision under 115 CPC not maintenable (wuold be dismissed immediately) at HC

3) Writ of certiorari under Art 226 COI, Revision under Art 227 COI is maintenable (but you need strong merits to win the same) at HC

4) You may file review application at FC.

But if you lose out in review at FC, you can not move HC to appeal against the Order, At the max, you are left with 2nd option at HC i.e. wit under 226, 227.

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(Guest)

Review has to filled within 30 days of the order otherwise you need to have strong justification for the delay. you review application should go along with a application for condonation of delay. SO first the delay will be condened then your application will come for hearing.

The Orders which are passed under Sec 24 are judical orders and they must be accopanied with some material on record and they cannot be arbiatry. If your wife has hidden her earning details and filed a false affidavit then you can file a criminal contempt on her in the same court.

However it will be better if you spend more time on getting 498A quashed.

1 Like