My brother got married in 2011 with working girl. He is 10th pass electronic diploma holder and of 48 years old man. They have one girl child of 7years old. They are not living toghter for last 8 years after dispute happened between them. CJM court saket had passed an order under 125 section to pay monthly maintainance of 10000/- till marriage of daughter and 5000/- per Month for last 3 years to working wife on the ground that my brother is earing 35000/- per Month but he earns maximum amount of 5000/- pm His wife stated in court that in 2011 before marriage his salary is about 25000 pm , but my brother never said anything about such amount to her before marriage. He works in daily wages and earns about 5000/- difficulty and he is schizophrenia patient as well because of which he can not works as any healthy person. His wife stated that she is earning 8000/- pm but she is lying and her salary is double of this. CJM Court have passed order on based on assumed salary stated by his wife and we did not informed about it by our advocate so that he can provide any income proof and we were directed in wrong way. Please advise, can my brother file case against this maintainance order and can he submit his income proof again so that he can receive justice. In which court we need to go ? How he can get appropriate justice . Thank you
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Why he not submitted in trail, now in appeal, have to submit way of additional evidence. Seems your case poorly defended before trail court.
File appeal and pray for stay of lower court but only maintaince will reduce that also if wife income proved.
Husband low earning no ground to refuse maintainance. Also submit medical proof and his inability to engage in tough work due to medical incapacity.
Approach high court for immediate stay on the maintenance order on the ground that he is not capable of paying any maintenance due to his low income and other liabilities.
Move to high court as soon as possoble.
Do not believe much in lower court judgement.
Most of judgement are now either half backed or lacks reasonability.
- Challenge the said order passed by the CJM Court, after filing an Appeal before the High Court.
- High court can cancell the said order of maintenance, or reduce the same , if your brother will produce and submit his income, and burden on his shoulder before the High Court .
- The said order passed by CJM is without any documentary proof , and court should not grant hefty maintenance without giving opportunity to the husband .
- Change the lawyer for High court appearing in the appeal.
1) your brother can file writ in HC against interim maintenance order
2) enclose evidence that his monthly income is only Rs 5000 per month he is not in position to pay Rs 15000 maintenance awarded by court
3) contact a local lawyer
Your brother failed to utilize the opportunity that was available before him in the trial proceedings.
The appellate court may not entertain any new evidence in this regard for this reason.
No doubt he can prefer an appeal but his new grounds to defend his interests may not be considered by the appellate court.
If your brother did not bother to be in touch with the advocate during the trial proceedings, then it is his mistake.
File a criminal revision against the maintenance order in the court of sessions in your district.
Regards
Hello,
Go for appeal against the order
Regards
Your brother can file revision before the sessions court to set aside the order of the lower court as it is passed on wrong merits and the correct salary of the brother is not considered while deciding the same.
grant of interim maintenance passed by principal judge of family court can be challenged in High court.
Yes he should file appeal against the order of CJM in sessions court and provide his income proofs for alteration in maintenance amount.
Shall he approach to Session court or High Court and old prescriptions of disease can be submitted to court . Also please advise which type of income proof can be submitted as he works in shop from he get monthly payment in cash there is no salary slip provided by owner.
Ask him to file the appeal before the district and sessions court.
1. The order of CJM is open to challenge in the Sessions Court.
2. In appeal new documents cannot be brought on record except with the leave of the court. The order of CJM has to be impeached on the ground that is against the weight of material on record and law.
For now he can approach the sessions court and can seek permission to submit the evidence which was not submitted below citing the reason of non submission court may accept same.
You need salary slip to prove your income
2) you must not be filing any income tax returns as income is below taxable limit
3) obtain letter from employer as to salary received by you
Move to high court.
No prove shall be required.
State details of your job in the petion.
Affidavit of shop keeper will submit that he is working at his shop from this period and getting paid this mush salary.
Old and fresh both medical evidence will submit.
How is he knowing that she is employed in that shop and getting salary by case?
He can produce the documentary evidence of the source which he relies upon for the above issue.
As suggested earlier, he failed to utilize the opportunity in the trial court, the sessions or appellate court may not entertain his new evidence which he failed to produce before trial court.
he need to submit pay slip or affidavit.
- when the said order of maintenance granted by the CJM, Saket court, because 125 crpc case is filed before the Family court in Delhi jurisdiction.
- Family court order can only be challenged in High court and not in Session court.
- But , he can file an application before the same court as well, for review of the said order.
- If, reject , then approach the High Court.
- Better tell your brother to take a written proof / salary certificate/affidavit from the said shop , where he is working , and produce the same in appealate court.
- If , he will produce some documentary evidence before the court, then the maintenance amount will be reduced accordingly.
The statement of the boss shoukd be sufficient. Also revision can be filed in the high court.
Yes the subscriptions can be submitted.
Regards
Yes you can approach the higher court may be session or Hc. You can check the RTi company and get the documentary evidence whatever is required.
He shall approach session court because it will be appellate court against order of CJM.