If you have proved the payment and none payment society and school expenses, court to not pass order against you.
Or if passed, appeal may grant you relief.
Adherence to agreement
Me and my wife went to counsellor in family court and decided agreement as follows : I will pay 25000 in wife's account towards maintenance of : House rent Society maintenance Child maintenance Wife maintenane I paid 25000 for intitial 4 months to wife's account as decided in the agreement. But I came to know that wife Has not paid school transport and society maintenance. Hence I started to pay directly to the respective authorities (school, landlord,society )account towards these amounts to be sure my child transport as well and child and spouse maintenance is protected. After 30 months wife has discontinued access on the grounds that I have paid house rent and society maintenance only, and not cHild maIntenance. I have prOivded account and bills and bank transactions to the court that I have paid all the expenses directly and in fact more than what is expected out of me (instead of 25k I have paid more). In case of adverse Order from family court, do I stand a chance to appeal and win in high court? If yes, on what grounds?
Asked 6 years ago in Family Law
Religion: Hindu
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11 Answers
Your wife cannot deny you visitation rights for your child
2) welfare of child is paramount consideration
3) you have complied with court orders and paid Rs 25000 as maintenance although not directly to wife
4) youcan appeal on grounds that you have paid for child maintenance etc
Absolutely, since your wife has not performed her part of obligations as agreed and recorded in the agreement which both of you had signed.
Other grounds on which you can contest, can be suggested only after going to your matter; once one gets to know the merits and demerits of your case.
This mutual agreement without approval of court does not have any legal force.
Either party to the agreement can change his/her mind at any time.
Better go for atleast MCD or file suit for custody of your children.
If in the agreement it's clearly mentioned that 25k is against rent, school fees, society maintenance and child maintenance.
Here getting receipt on all those payment made by you in cash will not help much more.
If you have paid by cheque or bank transfer than you have third party evidence with you and on this ground you can win the case in the high court.
You can file an application for visitation rights, you should maintain your child and the court will allow the visitation rights. if you have transaction details then you can appeal on this grounds.
No need to worry if you have all the documentary proofs then the court will grant orders in your favour.
But if adverse orders are granted by court you can approach high court against order of family court in ground of no dues as per orders of family court.
1. Child's maintenance is not only his school fee, it also includes the amount required for the daily needs of the child such as his food, clothing and recreational activities. You have violated the agreement.
2. Adverse order from a trial court can always be challenged in the higher court, but the higher courts would be loath to interfere with the order of the trial courts if the material on record shows that you have not been paying the maintenance of child.
Yes you have paid the fair amount and you stand a chance of appeal also you have a chance before the family court also.
Yes you can file an appeal in HC. You can challenge the execution petition on merits
Yes, you can prefer an appeal against any adverse order passed by the trial court in this regard.
You collect all documentary evidences to your support and prefer an appeal if there arises a necessity.
