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Siva   06 September 2016

Urgent advice on interim - high court

Hi,

After case proceeding for 2 years lower court told that wife will not get any Interim alimony and magistrate suggested that matter will settle final at a time soon… Wife rush to high court and stay the case unless husband will not pay the interim ..

 

Now in higher court by mistake our advocate submitted in written form (reason unknown) that we are agreed to pay 25K / pm and we wish to proceed the case in lower court..Now wife side get a clue to drag the case by enjoying with 25K pm..

 

Now husband want to fight the case and don't want to pay this wrong judgement..same time high court advocate not cooperating and telling that, he will not proceed for revision of judgement.. (because he told to pay higher amount) ..I want to fight the case and how to proceed this case?

 

Now he is arguing unnecessary and he returned our file..

 

Now I want to review this judgement and how to fight this case? Basically I dont want to pay such amount of money when I dont have this much capability..

 

Please suggest how to proceed the case?



Learning

 4 Replies

P. Venu (Advocate)     07 September 2016

The facts, as stated, are less than convincing!

Sachin (N.A)     07 September 2016

Kindly upload the order sheet for more acccurate repliessmiley

Siva   07 September 2016

Hi all,

Can any body has a copy of following judgement..

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 1153/2008

KAVITA PRASAD ….. Petitioner
Through: Mr. S.D. Singh, Adv.
versus
RAM ASHRAY PRASAD ….. Respondent
Through:
CORAM:HON’BLE MR. JUSTICE SHIV NARAYAN DHINGRA

O R D E R
01.10.2008
The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.
List on 23rd October, 2008.

SHIV NARAYAN DHINGRA,J
OCTOBER 01, 2008

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI
CM(M) 1153/2008

KAVITA PRASAD ….. Petitioner
Through: Mr. S.D. Singh, Adv.
versus
RAM ASHRAY PRASAD ….. Respondent
Through:
CORAM:HON’BLE MR. JUSTICE SHIV NARAYAN DHINGRA

O R D E R
01.10.2008
The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims that she was sitting at home despite being a qualified Doctor and does not work. The petitioner claimed maintenance against her husband who is in service. The Trial Court granted maintenance of Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted by the Trial Court was made subject to adjustment of the maintenance being received by her under Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court should not allow her experience and qualification to go waste. I consider that she should be directed to work as a honorary Doctor in some public welfare institute or school free of charges where she can take care of health of the poor people. Let her come to Court and give an undertaking that she was prepared to work without charging anything in any institution named by this Court around her house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her husband on the plea of being unemployed.
List on 23rd October, 2008.

SHIV NARAYAN DHINGRA,J
OCTOBER 01, 2008

Sachin (N.A)     07 September 2016

after uploading judgement why are you asking others for the same??


Attached File : 363811 20160907230403 40999397 judgement.pdf downloaded: 141 times

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