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Originally posted by : Abhijit ppp |
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Is it mandetory to pay at least 50% of the due amount for requesting 'STAY'?
Wife filed recovery application :- How to deal with it?
{Lawyer saying paying at least 50% amount is the only solution. } Pls. help, if possible, with case laws. |
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1. There is no such case laws and it can never be until Legislatures plan to Amend existing personal maint. laws and it is a very remote chance.
2. You have a good case for one precedent reason that Civil maintenance is binding over Criminal Maintenance awards and one is always setoff to accommodate cumulative payment as per record in cases such as yours when your metro wife files multiple maintenance cases and your situation falls exactly into this ball breaking Lord Hanuman’s Leap trap. Also multiple maintenance cases is a big no - no as per various case Laws (but that phase of preliminary challenge is over reading down your query, I observe so)
3. The issue is not 50% payment is a must or not before going for revision, but the real issue is generic Advocates not able to reason out vocally in competent Courts instead pressurize their own male (husband) clients for below generic understanding they have with Courts!.
4. Below is actually what is happening in Courts and unless husband(s) protests the adversial mindset of Courts encouraged by generic advocates may not get change soon;
Practice matrix of Court's of today and generic advocates:-
A. Sources of laws.
- Laws do not lie in the pages of books.
- Laws lie in the minds of men.
- Pages of books are just alibi.
B. Laws in practice.
- Facts and laws remaining the same interpretation can be anything as their lordships please.
- Ignore the facts and laws and prevail the opinion and that is the law in the case in hand.
By one of my mentor(s) -
Dr. Jogeshwar Mahanta, Prof (Retd.) The National Institute of Criminology and Forensic Science, Rohini, Delhi
Show this awakening reply to your generic advocate and ask him to rise and awake and plead correct practice procedure in Law.
Remedy:
If your advocate finds above reply beyond his capability then tell him atelast this line to submit before revision Court; "My client is ready to deposit DD of 50% on wife's name with Court records subject to taking up this Revision case on Merits in time bound fashion - if she wins release the DD to her subject to setoff two maint. out of three equal to adjusting arrears till date and if my client wins revision case on merits then release the DD to her subject to setoff two maint. out of three equal to adjusting arrears till date"
In above forceful submission wordings you have a win - win situation also ask him to repeat para 2 which is binding on S. 125 and DV maint. cases awards.
