- A review/reconsideration is maintainable only if there is some error apparent on record. You only option is to file appeal in High Court against the order of lower court.
- Your status of unemployment you can get recorded in your chief examination with documentary proof.
- A maintenance order passed in any one case is applicable to all cases.
Divorce case
My wife has filed DV case, restitution case, maintenance case against me . And I have filed divorce case against her. As my cases are processing ,my employment status has changed to be unemployed. And we had filed a petition to allow updation of my employment status ( retrenchment letter)in all individual cases.In all cases same was accepted as evidence . Only in divorce case it was not accepted .in the order sheet it was stated that " I am objectively trying to linger the process " and " according to petitioner he has resigned from his job and paying certain amount as maint.to the other party and he intends to prove such documents.for changing of status of party he cannot be examined at his own choice repeatedly, hence petition stands rejected " . Question: 1. Do I apply to reconsider or go to high court. 2. If at all I keep mum and do nothing. Will my present employment status be considered during finalizing the maint. Or past employment status will be considered. 3. DV case, restitution of conjugal rights case, maintenance case , divorce case in which case will be maintenance be finalized . Can the court keep on passing maint. Verdict In each case i,e increasing the amount in each case ,as they close it.
Asked 2 years ago in Family Law
Religion: Hindu
6 Answers
1) You can apply for reconsider in the same court.
2) Your current status of employment will be considered.
3) In Maintenance case your maintenance will be finalized.
1) no need to apply for review
2) you could have made application for amendment of divorce petition
3) if application is rejected file petition in HC
4) it would be considered in determining maintenance
5) maintenance amount awarded in one case would be considered by court before passing orders in other cases
1. There is no provision in law to file petition before the same court for reconsideration, but you can file a petition seeking revision before high court
2. What is the necessity for you to file the petition before the court in the divorce case also.
The status of unemployment in the maintenance case and DV case would be sufficient
3. Since none of the case has been decided yet, you my wait for the disposal of all the cases after which if you are aggrieved by the decisions, you can file an appeal or revision petition
Here's a general overview of the issues you've raised:
-
Reconsideration or High Court:
- If you believe that the rejection of your application to introduce evidence of your employment status in the divorce case was unjust, you can first consider filing a review or reconsideration petition in the same court, asking the judge to review the decision. If the facts are clear and convincing, the same court might reconsider its position.
- However, if that is not fruitful or if you believe that the order of the lower court is patently illegal or unjust, you can file an appeal before the High Court against the order of the family court. An attorney will help determine if there are solid grounds for appeal.
Consideration of Employment Status for Maintenance:
- The court generally considers the present financial status of the party while determining maintenance. If you are currently unemployed, it should be a relevant factor for the court.
- However, the court will also look at other aspects such as your skills, qualifications, past earnings, and the likelihood of future employment. If the court believes that you are intentionally staying unemployed to evade maintenance, it might consider your past earnings instead.
- If the court has rejected your evidence about unemployment in the divorce case, it might not take that into consideration when deciding maintenance in that particular case. But since it was accepted in the other cases, it should be taken into account in those proceedings.
Finalization of Maintenance in Multiple Cases:
- In your situation, multiple cases where maintenance can be claimed are ongoing, namely DV (Domestic Violence) case, restitution of conjugal rights case, and the maintenance case itself.
- Ideally, maintenance should be decided based on your financial capability and the needs of the wife. The court should not double count or overlap maintenance from different cases. Once maintenance is determined in one case, it is generally adjusted or taken into account when deciding maintenance in another case.
- Maintenance under the DV Act and under Section 125 of the CrPC (criminal procedure code) are different in nature, but they shouldn't overlap.
- If you believe that the maintenance amounts awarded in different cases are excessive or overlapping, you should raise this concern with your attorney and potentially challenge the orders.
1. As per law, you have right to inform the court for any changes made in the employment or address etc.
- Hence, you can approach the High Court against the order of the court.
2. If your present status not accepted then the court will consider the earlier income for deciding the maintenance
3. The maintenance amount will be finalized in the maintenance case under section 125 CrPc filed by her.
