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Amit   31 December 2015

Urgent suggestion on maintenence

Hello, I need urgent suggestion. I am going through divorce case since last 5 years in MP. The decision from the lower court was against me i.e no ground for divorce so I put up the case in High Court indore. In HC my wife has produced false affidavit that I earn RS. 1.5 lacs per month and the judge has grant Rs. 30000/month as maintenance. We have requested the rejoiner and review of the case along with Section 193 against her in the month of Feb 2014. Simultaneously I am paying Rs. 10000/month as maintenance to her as ordered by Lower court.   
Now in Dec 2015 judge was not ready for our request of review and rejoinder and asked me to pay Rs. 30000 since Sept 2014 and Rs. 50000 as litigation charges of the advocate. I am not getting what to do.
I don’t have money and taking loan from the bank and depositing in HC under protest stating that the money can be utlised after final decision on maintenence. Is this OK.. as I have to deposit the money before 26 Jan 2016.

Please suggest what should I do. I have NOT been charged for dowry or domestic violence etc.

Please let me know in case of more details required.



Learning

 5 Replies

Dr J C Vashista (Advocate)     01 January 2016

Discuss the issue with your lawyer and some financer/banker.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 January 2016

When court decided such a larger amount should be depeding upon your salary proof submitted by your wife.  You should have either produced authentic proof of salary to courter the claim or proove your inability to pay.  You consult the local lawyer and defend. Takiong loan from bank and pay appears unacceptable. Bank do not provide loan for paying  maintenance. Pl. proove your salary is not enough to provide larger maintenace and provide for your own and parrent  expenses and proceed.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 January 2016

I presume U were not defended properly when she produced ur income particulars. A little more intelligent n agile counsel could have countered better.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

file special leave petition before SC or follow the order of High court, there is no other option.

 

Feel Free to Call

T. Kalaiselvan, Advocate (Advocate)     07 January 2016

As observed by experts above, your case was not properly contested by your lawyer hence the judgement against you.  You may have to engage a better lawyer in high court to properly fight for you. 


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