My wife left home in Feb 2016 along with 3 year old kid and file 125 crpc case in family court in March 2016.However no notice were served to me till June 18 and in March 2019 an interim maintenance of rs 8000 ( 5000 for wife and 3000 for kid) was fixed by family court with effect from date of order. We had counselling sessions in February 2016 and the minutes of the Counselor as well as the closure report of police (as my wife attempted to to file a dowry case against me) clearly states that the wife doesn't want to live together while the husband is Keen to live with her .My net salary is Rs 34000 and after deducting monthly EMI of rupees 16000 towards housing loan, my effective take home salary is around rs 16000 .Now- 1. Shall I challenge this order in High Court...... are there any reasonable chances of getting some sort of relief there. 2. what is the the time limit for challenging family court's order in High Court as the order was passed on 7. 3.19 and the next hearing is on 10.4.19 i. e. I have about 8 days time. 3. how long it will take to file a appeal in High Court 4. if the review is filed will it serve as a justification for not paying the maintenance fixed by family court till proceedings are over in High Court. 5. What will be advisable ......filing appeal in High Court or going for review before the same judge who passed the interim order 6. will it be a costly affair going to the High Court
Don’t challenge order in HC
2) chances of success are bleak
3) apply for certified copy of order then if you so desires file appeal
3) it should not take more than 15 days to file appeal
4) review would be dismissed
5) filing appeal in HC would be expensive proposition
1. See based on your salary 8000 amount as per court is appropriate even you challange is high court won't set aside complete amount to be practical and you will loose amount in paying fee of advocate in high court also so contest the matter below interim order in my.view may not be challanged.
2. Revision on same has to be filed so as such there is 90 days limitation.
3. It will take 2-3 days. Then as per court order it will come on board before bench.
4. No till stay is not granted by HC on lower court order you need to pay.
5 approaching high court would be better option.
6. See the advocate based on experience shall charge you fee.
Dear Sir,
You should have filed objections for her 125 crpc application.
Now you can go for appeal in HC with change in circumstances application.
Income - expenditure [loans, insurance, power, rent, etc] = take home income, on that 1/3rd will be calculated.
If she is well educated, then give her details to court, marks card, certificates. If she is working give her salary slip. If she has property, get details via RTI through sub-registrar office. Or Ask for appointment of COURT COMMISIONER who will get you details of her immovable assets. If she has hid her income/assets then her application will be eventually dismissed.
Yes you can challenge the same in high court within 30 days. After 30 days also you can file delay condonation and challenge the same. Review is not permission it will be appeal in your case. Yes high court may be costly
Dear Client,
While ordering maintenance, court will not look into EMI but wife herself has left you, so on this ground, she is not entitle to maintenance. Maintenance for child, no appeal advisable.
90 days limitation period.
no
File appeal.
Depends on advocate , how much he charge to file an appeal.
Grant of interim maintenance passed by principal judge of family court can be challenged in High court. if it under S.24 HMA then your remedy will be different, you will have to approach the HC with a civil miscellaneous under 226/227 Of Constitution of India.
Hi,
You may challenge the order in High Court withing 30 days of the orders and it is possible that the High Court will pass suitable orders. The case must be filed before 05.04.2019 without application for condolation of delay and thereafter the application would be required. The appeal filing may take 2-3 days time. Review may not solve the purpose and there are enough chances of review petition failure. The High Court approach may bit costlier.
1. Since this is an interim maintenance only, on filing a revision to the orders passed in this regard, if you are able to convince the high court, there are chances to get it revised, but you should support your pleadings with substantial evidences in your side.
2. It is one month
3. It is not an appeal but revision by filing a CRP before high court on the orders passed in the IA by the family court, it will be disposed very soon after it is listed for hearing.
4. Until there is a stay you cannot stop the payment, she may file a collection petition which would authorise your employer to deduct the amount from your salary, hence first try to obtain stay against the operation of this order.
5. You can file a revision petition before high court
6. It depends on the advocate who you would be engaging
