Revision or quash applicable for the situtation?

1. All that you could have done was to prepare an DD of like arrear amount and deposited with Treasury or with concerned trial Court file with request now to dispose your agitation prayer subject to its release if you loose your case. Trail Court would have obliged as it is a summary merit fact.

2. If the Bank Statement are marked as material records of the case file then YES husband can approach DB at HC with specific prayer to first stay trial Court proceedings (here also carry the DD with same relief) and then set aside the docket Order based on "wife is able to maintain herself with THAT kind of Bank Balance r/w suppression of material facts that also in a summary maintenance case whose reliefs are granted prime - facie further read out to Hon'ble Bench the true spirit of S. 125 CrPC and your prayer clauses" and then you have a good case are some of my early views.

You may file quash petition on the ground of supression of facts and misleding the courts that amount to abusing the process of law hence section 482 of CrPC attracts.... use change of grounds for filing the quash petition to cancell the orders of the high court too.

Tajobsindia,

PLease let me know details of the below para:

1. All that you could have done was to prepare an DD of like arrear amount and deposited with Treasury or with concerned trial Court file with request now to dispose your agitation prayer subject to its release if you loose your case. Trail Court would have obliged as it is a summary merit fact.

My questions related to the above para:

1. Through petition or MEMO husband can ask the family court to release the amount if husband loose the case.

2. How much time the court may take time to dispose such petition?

3. Can husband pay the amount to the family court thorugh Bank Cheque insted of DD (Demand Draft)?

Kindly reply ASAP.

Thanks.

No need to pay the arrear amount in one go. pay in small installments, dont worry til the time you refuse to pay.

It depends upon the practise of the High Court,

Approach suggested by Tajobs would work in Delhi, however P&H HC would insist that arrears be cleared to the wife. Check the practise of your HC

Regards,

Shonee Kapoor

Dear All coment on the below relevant question to the post:

As per decision of High Court of Bombay: Eariers and the Altation/cancellatio of interim maintenance shall be dised simultaneously.

Citation: Ashok_Yeshwant_Samant_vs_Smt._Suparna_Ashok_Samant_And_..._on_27_July,_1990.

As siad by the Shonee Sir, It depends on the court also.

In the interest of parties, court shall hear both petitions and decide the the final amout to pay so that in one go matters is disposed or both the cases Revisions will be filed in next level court that again in conveninet to the courts and parties also...... here wife will be subjected to some more pain if applications/petitions are disposed seperately.

Ctation: Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant And ... on 27 July, 1990

The above citation says Second Revison is not possible WHEREAS Quash petition ot Writ Petition is maintainable in the changed circumstances.

One Question: If Revsion petitioner failed to submit all relevant grounds during first revision due to lack of knowlege of Facts ...... later can that petitioner approach high court with Quash?

Does this circumstances comes under Change of Circumstance?

Thanks Manirathnam, 

We now know about Mumbai HC as well.

Regards,

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor 

Dear Shonee Sir,

Ashok Yeshwant Samant vs Smt. Suparna Ashok Samant is th decision of Mumbai HC. Seems you have one more citation in this regard, if any.

Please metion that citation in htis regard. Thank you.