Can file an appeal against ordered of interim maintenance under certain 125
I am Mithilesh from Indore Madhya Pradesh.
My wife left her matrimonial home with her belongings without any sufficient cause on 13 oct 14 and file and criminal FIR under IPC 498a , 323,406, 506-ll and dv 3/4 against me and my relatives on 21 Oct 14.
When she left matrimonial home she was pregnant and 6 month was running.i treated her military hospital and civil hospital that time she and my unborn child in healthy condition all relevant medical record documents available with me.
Lower court frame the charge and ordered for trial.we all have eqquital in above criminal case on 11 Sep15.
Than she filed another one criminal case on me under crpc 125 in June 2015 with same story which she told in 498 a case.
From my side I have filed a divorce petition on the ground of cruelty under HMA 13(1)l a against my wife with additional district court Indore.notice served to opposite party and she hire an advocate for her divorce proceedings.court conduct sulahwara and sulahwara overd and it is unsuccessful.now court haf given date for file reply but she did not come on date which was fixed by honable court.Now court has ordered ANTIM AWSAR for filing of reply by opponent .
In crpc 125 proceedings I have attached all relative documents like:- a) honeymoon visit Delhi ,shimla,kullu,manali,rohtang pass, himachal Pradesh visit photography and case receipt
b) I have completed her higher education BSc certificate attached.
C)Her skills photos and msg like she is taking tuition class,making mahandi kadai ,shilai .
d) she applied false aligations on me and my relatives or 498a judgement copy.
e) she has terminated very first pregnancy without concent of my knowledge, she has accepted in her given statement in the 498 a court that she did not informed me about abortion, related to pregnancy her father and brother given contradictory statement in the court all this witnesses I have attached to court for crpc 125.
f)I have also attached some supreme court and high court judgments related to my case is no maintenance to wife who failed to proved her aligation, no maintenance to wife who is well educated,no maintenance to wife who knows some work to maintain herself, but court did not entertain all my points
g)And finally ordered interim maintenance against me @ 4000/ month
h) I served in military service attached my payslip and my net payment in sallary slip is 8095/-
Conclusion - court did not give attainssion on my points
We also file written argument in our interim argument related to all above mentioned points.
And court simply said court will thought all the points after completion of trial.
But rightnow I m in trouble and I have to give her interim maintenance as court ordered
Can I file an appeal against the interim maintenance ordered, and it is banificial me or not where I have to file appeal.
My crpc trial coming soon
Pls give me guide line which is banificial
Asked 2 years ago in Criminal Law from Indore, Madhya Pradesh
1)your wife is not working at present
2)amount of maintenance awarded by court is reasonable at 4000 per month
3)if you are able to prove wife is working then go in appeal
The order of interim maintenance can be challenged in the higher court which can set it aside in totality or reduce the maintenance. The higher court has the authority to consider whether all the factors which are to enter the area of consideration before deciding the application for interim maintenance, and which were urged before the lower court, have been properly appreciated by the lower court or not.
You can move the Sessions Court against the order of the lower court.
The award for interim maintenance is granted as a routine by courts and you may not get any respite even if you take up a revision for this before sessions or high court.
The said documentary proofs what you have attached now are mere waste of energy and your efforts will not fetch you any fruitful result from court at this stage.
You may contest the main case strongly.
Your anguish is understood but this is not the way you conduct the case at interim stage.
You can challenge all her allegations during trial of main case and get the case repudiated on the basis of merits in your side.
Dont rush up things now and get frustrated over the disappointing results.