• Dvc interim orders

Hi,

In my DVC interim maintenance judge ordered 20k maintenence. I have lost my job recently and in new job I get 25k salary. In old job it was 1.2lakh. I have lost job due to depression and also because of manpower reduce. I have clearly given this in written arguments.

1. I cannot pay 20k. I want to appeal in session court. How to make session court reduce amount

2. If we appeal in session court, till the session court decide should I pay maintenance? Any way to pay part payment like 6000 till session court decide

3. I have given application for child visitation in DVC under section 21 (manipal HC told that father application for visitation maintainable under DVC). Judge has not told anything about it and continued the case to witness. How to make judge consider it. Can I appeal in session court along with maintenance appeal

4. Wife filed all fake cases. I can prove many of allegation as wrong. If I prove then whether wife gets maintenance?

5.i have read some family court judgements. In that they tell since wife and witness told that she is harassed it is evident that domestic violence happened. But wife and witness can lie and they will. Why the statements of wife considered as truth.. How to handle this and prove innocence
Asked 1 year ago in Family Law from bangalore, Karnataka
Religion: Hindu

1. The quantum of maintenance is determined on the basis of your present salary. So if your income is 25K then produce the proof in support hereof and seek revision on amount of maintenance.

2. You can wait till she files execution case for recovery of the arrears maintenance.

3. Ask the court to dispose of the interlocutory petition u/s 21 of the Act. unless all interim petitions are disposed of the court can not proceed with the trial of the suit.

4. The falsity or acquittal in 498A case has nothing to do with the merit of the maintenance case. if your wife is without income then your liability to maintain her subsists.

5. The lie of the witnesses has to be made apparent during their cross examination. If you can not establish their lie the court would believe them to be true.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Supreme Court sets maintenance or alimony benchmark: 25% of ex-husband’s net salary.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

Point wise answer to your questions-

1. You have to argue the matter before sessions court and prove your income is much less than what the lower court considered along with factors such as wife is also working, you have to maintain your parents and other expenses.

2. Before sessions court you can ask for a stay of the order till the maintenance is decided. You can wait till the orders from sessions court is passed. However, you will have to pay the arrears if you loose.

3. Yes you can raise the issue before the sessions court along in your appeal.

4. If the case is decided in your favour, wife will not get maintenance. It is only the interim maintenance that is provided.

5. To prove anything before the court, you need evidences. You win either by disproving her case or by proving your case or both.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Hi sir .. currently in which court ur case is going on.. u can give statement there only that as my wife is putting false allegations on me ... due to mental disturbance...I lost my job .. now I m earning only 25 k... That salary is even not sufficient for my day to day expenses... So I m not able to give 20k monthly.. so kindly .. see my current salary and ... Consider it..

And ask Ur lawyer to some solid protection for u.

And ask him fight for she may give false witness also ....

And wife left me .. and gone by herself.. I never said to her go... So I can provide my all evidence that she is putting false allegations on me .. and I lost my job.. and now I m earning only that much.. I can survive.. so I can't give maintenance..

And u have already submitted the application.. for child visitations.. so... U have every right to meet Ur child..

Kavery Anand Pandharpurkar
Advocate, Bangalore
301 Answers
9 Consultations

Not rated

Dear Client,

Show your present salary and reason of job loss and unable to find new job on same payroll.

If no stay from session court or part payment order, you have to pay full amount.

Submit the ruling in court, if not acted or refuse to agree, file appeal.

If DV not proved, wife not entitle to maintenance.

Without cogent evidence of harassment, court won`t rely on mere allegation.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

enclose copy of your latest salary slip

2) court would direct you to pay maintenance awarded till; date

3) judge is bound to pass orders on your child visitation rights

4( wife would get maintenance if she is unable to maintain herself

5) you can cross examine wife and her witnesses to prove allegations are false

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Please file a revision petition for the maintenance and visitation rights in the session court to revise the order.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1. A revision can be filed before the Sessions court for reducing the maintenance based on the recent salary slips. Produce the proof of your latest salary and income.

2. You can seek interim order of stay or part payment from the session court till the revision if court allows then in that case it can be paid,

3. if there is no order on application you cannot appeal it for that judge need to pass order so you can press the application in case it is rejected then an appeal can be filed.

4. Under DV she is not eligible for maintenance if the allegations are proved wrong Bombay and Himachal high court judgement that DV cannot be filed only for the maintenance.

5.See in cross the witness and wife can be cross checked further the date and event of such witness can be disputed further evidence form our side can be given.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Firslty, as we can believe on your words that you have lost your job, and now you are getting only 20K, but judge may not accept it.

Secondly, so, I advice you to make an application before the same court where the order has been passed (no need to go before the session court in appeal) for the reduce of amount with all sufficient documents.

Thirdly, yes you can pay 6K from the period when you started earning les amount, it may not be the violation of the order.

Fourhtly, proving something or not is the matter for trial.

Fifthly, no, for visiting rights you may have to move another application in the family court.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

1. To succeed in the Sessions Court you have to satisfy it that the court below did not factor in your liabilities accurately. Unless you are able to demonstrate this Sessions Court will not reduce the amount, let alone quash it altogether.

2. During the pendency of your appeal you must seek a stay on the order of the lower court.

3. Since the trial court is not deciding your application for interim visitation rights you can file a petition in the High Court to seek an expeditious disposal of your application. This is the only remedy.

4. Even if you prove all the cases as false wife is still entitled to maintenance.

5. In a DV case unless the court records a finding that domestic violence has been committed it cannot award any relief to the applicant.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. You may prefer an an appeal by producing the substantial documents to prove your case.

2. You may first obtain a stay on the operation of the order by the trial court and then proceed with the main appeal.

3. The child visitation case application will be considered by the court on its own course, hence do not hurry.

4. You ,must prove the same before court and strive for dismissal of her case.

5. This can be taken up during trial proceedings only.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

File appeal against interim maintenance orders

2) if case is posted for trialafyer wyfe evidence you would get opportunity to cross examine her

3) you can later lead your evidence

4) you can draw attention of court that you lost your job

5) that your current salary is only 25 k

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. A appeal/revision before the session court lies from order of domestic violence act. Review is not maintainable

2. For appeal the limitation is thirty days.

3. First you have to cross examine there evidence and then further you can put your evidence.

4. you have to put evidence after there cross after there evidence are complete.

5. Attach the proof of salary slip and offer letter of the new job pray before court to reduce maintenance accordingly.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Judge asked opposite party for evidence in next date..

Yes let her submit her evidence...

After that u will get a date to submit Ur evidence.. if Judge or ur lawyer is not mentioning or .. clarifying.. then on that day only u just ask Judge.. to give me a date that I will give all my evidence...

And u lost Ur job because of ur wife torture... And mental tention... Then tell infront of judge.. very confidently... Don't hesitate.. or don't get nervous... It's Ur time to prove yourself innocent..

For more information.. take a phone consultation.. from same platform.. I will tell u thoroughly..

Kavery Anand Pandharpurkar
Advocate, Bangalore
301 Answers
9 Consultations

Not rated

1. For preferring revision agaisnt the interim maintenance order, you may have to approach high court with a petition for revision of the order passed by the trial court.

2. If revision petition is dismissed by high court you may file a review petition.

3. After the prosecution witness is completed, the defence witness will begin.

4. You better consult your advocate on this instead of getting confused and spoiling your defence due to your hasty decisions.

5. You first wait for her to prove your salary income. After that to defend your interests and to disprove her allegations, you may produce the vidences in your support before court to nullify her claim.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Review files in same court, in upper court revision or appeal will file. - Session court agasint the order of magistrate.

Both can file simultaneous as limitation will run concurrently.

After her evidence is complete, defense evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

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