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Nirmal (Other)     12 September 2014

Stay and appeal in calcutta high court in crpc 127

Sir/ Madam,


In CrPC 125 filed by my wife the JM ordered Rs.3000 p.m. (date of order is 13.02.2011). My wife filed CrPC 127 for increasing the maintenance on 11.01.2012 (i.e. with in 11 months of passing the order of CrPC 125). The JM in his order dated 22.07.2014 increased the maintenance from 3000 p.m. to 4000 p.m. My wife filed appeal in the District Judge Court against the order of the JM in CrPC 127 (she maintioned in her appeal to the District Judge that 4000 p.m. is too meagre for a educated lady like her). The District Judge, Nadia increased the maintenance to 8000 p.m. on 12.09.2014 i.e. today.

 

I would like to know:-

 

1. what is the time limit for filing stay and appeal against the order of the District Judge in Calcutta High Court and the relevant sections? Related judgement will be of immense help.

 

2.Durga Puja vacations are nearing. whether the time limit exclude the puja  vacations?

 

3.Can she file execution in the time while? or she can file for execution of the order after the expiry of time limit for appeal in the Calcutta High Court?

 

4. Inspite of her mentioning in her appeal to the District Judge that 4000 p.m. is too meagre for a educated lady like her (she is an honours graduate in geography and D.Ed), can the District Judge overlook this point and increase the maintenance to 8000 p.m.?

 

Thanks and Regards,

 

Nirmalandu Biswas

Kolkata.



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 September 2014

You also file petition U/S 127 CrPC to decrease her maintenance. Also file CrPC 91 to produce evidence as per Indian Evidence Act 1872 by reason why she is unable to maintain herself?

 

Also file perjury. All sample petitions and clues are in the following links.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 September 2014

Appeal you need to file within 90 business days.

 

There is no time limit to file revision.

Nirmal (Other)     18 September 2014

Thanx for your prompt reply.

 

can you please quote the sections for appeal and revision?

 

I think my lawyer is not guiding me properly as he wanted me to go for compromise with my "legally wedded wife".

 

Thanx again.


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