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Sec 24 interim maintenance payments

Page no : 2

Born Fighter (xxx)     19 August 2015

Ravi, the judge is threatening you and you are getting threatened. What is your lawyer saying ?

Ask your lawyer what will happen if case is dismissed , do you still have to pay maintenance ?? Let it get dismissed what will happen ??? check this out.

You are anyways making payments regularly, no Judge can threaten or compel you to pay  (by beg/borrow/steal) if you are financially not capable to make lumpsum payments. You have to keep citing financial constraints through your Say/written statement to court.  Take opinion from a senior lawyer in HC to see how your case can come up for hearing soon. Boss, everything is possible ,you need to find the way to make things work. Have you not heard cases of high profile celebrities coming up for hearing in matters of minutes/days

No point brooding and worrying, get in action !

kapilshah   19 August 2015

The lawyers are practically spell bound infront of Judge. Its when he was silent and I saw its slipping, that I had to speak. Its not only me. I see most of the cases the lawyer from Husband side is one on recieving end. No matter how senior the lawyer is. 

In my hearing he literally threw my application of Order XI rule 12, where I asked court  direct wife to furnish her salary slips. Finally my application never made to docket procedings and was not served to wife.

When I refer to court judgements, he just said that he is not bound to look upon these judgements. He even abused me that don't show  net savy smartness in court , given that I cited 4-5 judgements. Following judgments where quoted in memo

1: Judgement of Hon’ble Supreme Court of Indiain case of M/S S.J.S. Business Enterprises Vs State Of Bihar & Ors.  ( Unclean hands no relief ).

2: Judgement of Hon’ble High Court of Allahabadin case of Syed Nazim Husain Vs. The Additional Principal Judge Family Court & another. ( perjury in sec 24 for suppressing salary)

3: Judgement of Hon’ble High Court of Punjab and Haryana in case of Sunny Bhumbla Vs Shashi Bhumbla. ( perjury for suppressing income).

4: Judgement of Hon’ble Family court of Mumbai in  Exh 56 in case A/2050 of 2010.  ( perjury & interrogatories served to wife to get salary details).

5: Judgement of Hon’ble High Court of Delhi in case of Manish Kumar vs Pratibha , CM(M) 949/2008.   ( sec 24 denied , not for equivalizing income of both parties)

6: Judgement of Hon'ble M.P. High Court reported in 2 (2000) DMC 170 in the case of Mamta Jaiswal Vs. Rajesh Jaiswal  ( qualified wife not entitled for maintenance)

He just wrote that facts and circumstances in the above is different from the present case.

Born Fighter (xxx)     19 August 2015

Here you are, you pleaded your own case and got screwed. Not your fault though.

Kapil, do you know most of the cases of denial of maintenance to wife are judgements given by HC (on appeal).... so dont lose hope.

The battle is not lost though. Have you got these applications you filed- to produce documents exhibited ? Do that and take certified copies to produce it in HC

You need to look for a really strong HC lawyer who has a reputation of winning HC appeal cases. You need to be careful in selection of a lawyer now. 

I do not agree that most of lawyers representing husband are on backfoot, it all depends on the lawyer and the merits of the case also.

Legal experts from the forum we need your views on this case please.......

kapilshah   19 August 2015

Judges are not God, but section 77 of IPC provides them immunity , thus have turned themselves are "Demi Gods". 

Appeal  courts will take serious actions only in cases of criminal cases or high profile cases. These family court cases no action will be taken against family court. 

Honestly after all the plight I have gone through at family court for last 1.5 years. I can tell one thing, the amount of harassment and humiliation I have gone through in court, I was better of not filing a divorce, given than it was a divorce on grounds of desertion.  

prabhakar advocate (advocate)     19 August 2015

The HC has not granted stay of the impugned order, despite you filed an application for stay. So, once you appear before FC, the judge has got two options before him. First one is that after knowing that there is no stay against interim maintenance order, he may direct you to pay the amount in lumpsum or in instalments. Otherwise, if you are the petitioner in FC, he will refuse to proceed further. If you are respondent in FC, you may strike down your right to file W.S./evidence, whatever the stage may be. But he can't refuse your right to cross examine the opposite party. The other alternative the F.C. may adopt is just completely ignore the interim maintenance, whether you paid or not and if the wife insists for payment, he may advise her that unless she files execution petition, he is not going to bother about payments. Prabhakar - Advocate (M)9958670740 Legal Aid Panelist - Central Delhi (Tis Hazari).

(Guest)
Originally posted by : kapilshah
Judges are not God, but section 77 of IPC provides them immunity , thus have turned themselves are "Demi Gods". 

Appeal  courts will take serious actions only in cases of criminal cases or high profile cases. These family court cases no action will be taken against family court. 

Honestly after all the plight I have gone through at family court for last 1.5 years. I can tell one thing, the amount of harassment and humiliation I have gone through in court, I was better of not filing a divorce, given than it was a divorce on grounds of desertion.  

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BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     20 August 2015

Mr 

Rabi

Plz wait for HC judgement,

kapilshah   17 September 2015

Experts Given that I have filed writ in HC and its pending and no stay granted. Does filing a memo by wife in Family Court that I have not paid the maintenance and the arrears . Does this qualify as a execution petition ? The case at HC is getting adjourned for frequent strike and not getting dates for hearing. Can family court judge pass execution order during pendency of writ application at HC when it has been brought to FC notice that writ has been filed.

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