• Injustice in DV and CrPC 125 cases happened with me

Hello sir/mam
I am fighting divorce case, DV, CRPC 125 with my wife since last 5 years. I have two kids. eleder son got adult this year only. in DV case she got interim maintenance of 35000 immediately, which i am paying till now. recently Judgement in DV case and crpc 125 delivered. 
DV case judgement ( I am not able to understand verdict how much i have to pay)
1) 15000 for house rent to be paid by husband
2) wife n daughter entitled for the claim of maintenance rs @35000/pm, from the date of complaint
3) son entitled for the claim of of maintenance rs @35000/pm during the pendency of case till he got major,from the date of complaint.
4) compensation for DV @ 1000 
Judge said with these observations petition is allowed.
I have written exactly what is written in order copy.
My Lawyer said in DV only son got maintenance during pendency of case but no maintenance awarded to wife and daughter.
How much i have to pay i am alredy paying 35000/pm
CRPC 125 Judgemnt 
judge clearly mentioned my income from filed ITR since last 5 years ranged from 17 lac to 10 lac. Presently my annual salry without tax is approx. 10 lac.
Judge took my salary as average 1,30000 and awarded maintenance @ 40,000/pm for each petitioner (wife son n daughter), from the date of complaint.

how judge can make me to give rs 120000 from my salary which is approx. 80000.
This is the justice i got after 5 years of fight. who is victim through out my marriage life only i know. 
I have lost my faith in indian justice system. they are compelling me to quit my life. 
I know i can go to challenge thid judgement but what if i did not got stay, what if i got again unjustified judgement after fighting for so many years.
Asked 5 years ago in Family Law
Religion: Hindu

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21 Answers

If your salary is only 80k per month then total maintenance should not be more than Rs 25k per month 

 

2) file appeal against maintenance other 

 

3) enclose your income tax returns, bank statements  which prove your income 

 

4) you should get relief in appeal against unjust maintenance order 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

File appeal agasint the order. Stay will grant by court. Total maintenance ordered is 70k + 15k. Amount payable to son is much higher and on becoming adult, no more payable.

But have to pay for five years = 12 x 5 x 35 k = .

 5 x 12 x 15K = .

File appeal against order.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

Dear client 

According to my conclusion on your case may there is misinterpration of order which is told to you. there can be total of 40000 maintenance for all the petitioner or to mother and daughter as your son has attain majority he will not be entitled for maintenance any more. 

And If you have certified copy of the judgement and if this is the judgement that you have to give 40000 pm to each petitioner than you should go for appeal in high court against the judgement of trail court. 

If you would like to go to high court i can recommend you a good advocate who can help you get the justice. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You should prefer an appeal against this order as the maintenance amount order to your wife and children is quite high. The amount ordered as maintenance is  exorbitant and cannot be justified at all 

Supreme Court held that the maintenance amount should be around 25% of the income of the husband. 

You will definitely get relief from higher Court if you appeal against the said order as it is clearly not as per the guidelines issued by the Honorable Supreme Court of India.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. Well, from your maintenance it appears both your children and wife would get jointly Rs.50000/-  along with house rent.

2. The maintenance would be calculated from the date of filing the petition. 

3. if from the prima facie evidence if your income does not support the maintenance then you have a  good case of appeal.

4. Since we all have to survive under the present system there is no point in loosing the system and rather use other ladder of the same system to get redress.

5. Prefer an appeal in sessions court. You have a good case.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

No , only one order will prevail. Maintenance order under the Domestic Violence Act will continues. Not under sec 125 CrPC.

Only one order - not 3

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

The maintenance granted in both the proceedings are adjusted with each other. 

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Appeal has to be filed in sessions court against order in DV case / 125 cr pc 

 

2) in DV case you have to pay Rs 35k as maintenance to wufe and daughter and Rs 15k towards rentals 

 

3) in other words you have to pay Rs 50 K per month 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

It is not a permanent maintenance under section 24 HMA it's the legal expenses of proceedings and one time maintenance during pendency of legal proceedings which you have to pay for single time it is not monthly expenses.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

She cannot claim maintenance under both the cases.

File appeal as advised above.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You need to file appeal and stay the said judgement.  There is no other way to challenge the same

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

Wife not entitle to maintenance if domestic violence not proved. File appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

You should have made application to court to direct wife to produce her bank statements, income tax returns for last 3 years 

 

2) if maintenance awarded is more than your income your remedy is to file appeal against impugned order 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

If you are aggrieved by the judgment you can always prefer an appeal agaisnt the judgment passed by the trial court.

Actually the interim maintenance has been paid by you from the beginning hence you may have to pay maintenance from the current date only.

You can prefer appeal against both the judgments before the appellate court and mention in both the appeals that the amount granted in both the cases are very much in excess especially when your salary income is fr lesser thatn the amount granted by both the courts.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Appeal can be preferred in the sessions court only, but the revision has to be filed before the high court only.

You have approached high court with a revision petition against the orders in Section 24 HMNA of the lower court.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

The trial court passed orders in two different cases though simultaneously.

There is no legal infirmity in the judgments passed in two differnt cases, however you may combine both in the appeal and make a mention about your grievances in this regard.

It is a fit case for appeal.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

It's an erroneous order you can appeal on merits it will be set aside

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

The maintenance amount awarded by the judge is erroneous and against the set laws. 

 File appeal as advised above. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

if sessions deny then you need for approach high court. You can discharge your lawyer and fight the same yourself 

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

The stay of the operation of the trial court order in this regard  by the sessions court will depend on how your advocate argues strongly and convince the court.

The court's decision canot be predicted especially without knowing what are all material evidences are there in your support.

If you have decided to fight your case as party in person then you should have done it is in the trial court itself because you may have to challenge not only her case but also the defects of your advocate due to which you had lost your case.

The choice is yours, alternately you can take guidance from any good lawyer from outside to conduct the case as party in person . 

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

Don’t make mistake of arguing case on your own 

 

2) you need a lawyer to protect your interest 

 

3) you may get conditional stay order from

sessions court 

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0

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