• Appeal aginst undertaking

Hello sir, I am 40 yrs old male, i have filed divorce my wife filed DV, 125, 24 , 26. On very first day of date judge ask me to take undertaking of paying house rent 12000, 5000 each to my two kids and 10000 to my wife and educational expenses for the kids separately, approx. 5000 per month. i signed the paper my lawyer mislead me and did not warn me about undertaking. she again got maintenance in 24 n 26 at the tune of INR 50,000. i appealed in high court and high court order to pay 35,000 only. now his lawyer are playing that they want maintenance according to undertaking and not according to high court. its almost 1.5 yrs when undertaking happened. Right now my income is 90,000 per month. My question is can 
1) i appeal against this undertaking, i am suffering from mental depression not able to focus on my work. is there any provision in law where i can get relief. My lawyer has cheated me he is playing for opposition. I have decided to change lawyer. Please suggest... I am in great financial hardship 
2) undertaking and 24 n 26 orders are from different judges, her lawyer playing that high court ordered against 24 n 26 in different court not against undertaking in DV so they want money from that order.
3) how can i get relief, do i have to goto high court for the undertaking thing or in lower court.
Asked 6 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1) once you have executed undertaking  in DV case  it is binding upon you as you did with free consent 

2)the undertaking must have been till interim orders were passed for maintenance  in DV case 

3) once court has passed orders to pay interim maintenance of Rs 50,000 subsequently reduced to Rs 35000  you  have to pay maintenance as per Hc orders

4) the court while passing order for maintenance in divorce case does take into account order passed in DV case 

5) your lawyer should have drawn attention of high court to undertaking given in Dv case wherein you are paying Rs 32000 to wife . 

6) move an appeal against order passed for paying maintenance of Rs 35000 . you cant be expected to shell out Rs 68000 per month as against income of Rs 90000  per month 

4) it is necessary to peruse wordings of undertaking given by you 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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1) you can offer her alternative accommodation wherein she can reside not necessary that house should be near her parents place 

2) if wife appeal to increase maintenance draw attention to under taking given in Dv case 

3) coaching fees of Rs 10,000 per month is high . if children are intelligent they dont need to attend coaching classes and can study on their own . 

4) apply yo magistrate court wherein Dv case is pending that already passed for interim maintenance of rs 35000 . you should not be called upon pay 32000 as per undertaking
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1. How did your lawyer mislead you? If you sign an undertaking you are bound by it. 
2. The maintenance has to be what the HC has ordered. The undertaking given by you stands superseded by the HC order. 
3. The order passed in 125 CrPC can be challenged in the sessions court which can either reduce or enhance it. 
4. You are bound to maintain her if she has insufficient means to maintain herself. The educational expenses include the school fee as well as coaching fee.


Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
5.0 on 5.0
1.  Once you have agreed to pay the maintenance as per the undertaking and the same has been passed as an order of the court, it may not be possible for you to withdraw from the undertaking because it is a mutual and volunteer undertaking.  However with the given changes in the circumstances and income you may file a revision on seeking to revise the quantum owing to your situation wherein you can bring to light all the orders that have been made in different cases ordering you to pay maintenance to her and your increased liabilities which disables you from meeting such huge expenses.  You can file a revision before the same court or before the high court.



2.   You have to weigh the options as per the prevailing circumstances to challenge her claim, first you change your lawyer and engage a different lawyer who can fight for your cause.



3.  First you may file a petition in the same family court, if rejected then you may approach high court. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
) is there any provision where i can plead to reduce amount in undertaking, crpc 125 is still pending. 

This was the thing what you have discussed in your previous post, please go through the answers once again you will get solutions for this too.



2) i have 2 bhk house in same city but bit far from her parents home. can i plead in court that she can live there and i can not pay rent.

You can very well express your inability to pay rent for her accommodation owing to the reason that you have a own house and this rent shall be an additional burden which you cannot undertake at this critical and constraint situation





3) she again filed in high court for increase in maintenance in high court 

You can challenge it on the basis of your situation.




4) she is forcing me to pay coaching fee of kids which is near to 10,000 per month, as it is written in undertaking that i will pay educational expenses. i m paying for school fee regularly but i can not pay coaching fee.

She cannot force you to do so, whatever grievances she has she can get them solved through court only. You can refuse extra claim flatly.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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