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Appeal against the travel and other expenses for my wife


24-Sep-2023 (In Divorce Law)
My wife was mentally ill before marriage, a fact that her parents had hidden from us. After realizing that, I and my family made the mistake of helping my wife, but she kept getting violent and attacked me, my old parents and my new-born daughter thrice in a span of 2 years. Finally, my wife willfully deserted me, my family and my 1 year old daughter (now 4 years old) almost 3 years back. She is now staying with her family in Jammu. After various failed attempts of out-of-court mutual settlement of the matter, I finally filed the case in Delhi. After listening to a rushed up plea from my lawyer, the judge urgently instructed me to publish a DD of 22,000 in favor of my wife to appear in the court for next date. Without listening to my detailed plea. I am a single earner in my family of old parents and my daughter and my income is not as high as to take care of such regular expenses. Q. Can I appeal against this judgment? Q. Is it possible the judge asks me to pay regular maintainen
Answers (3)

Answer #1
524 votes
Dear Client
Under which section was your case filed. Depending upon the order, you can definitely challenge it in higher court, apply for modification of the order in the same court, file a separate application etc. however, all this can be figured out after knowing detailed facts of your case. Yes it is possible that maintenance can be ordered if your wife prays for it. Feel free to talk in detail about the particular facts of your case so that we can figure out a sound litigation strategy.
Answer #2
764 votes
Hello client as Ur saying tht u have been cheated by your in-laws and the mentally ill girl has been married to you.at the time of marriage tilhings has not been disclosed to you or your family even and the marriage got done with out the knowledge to have been weeded to a mentally sick girl.you have egot a girl child. At present who is of 4 years of age at present .in present conditions the things are really very complicated I agree personally as well but in present conditions Ur maintaing Ur family Ur aged parents as well you paying maintenance also to Ur wife an d daughter as Ur wife is been deserved from you with malafide intension a of Ur in-laws as u have been directed by the court tht to pay maintenance as well as travelling allowance as well to your wife for ac 3tier for presence in court in Delhi it can get appleseed definitely and you will get relief as well.
Answer #3
599 votes
Hi There,

As to your question on whether you can appeal this judgement?

Yes, you most definitely can, depending on your income and strata and account statements, if you are in a position where it is out of your capacity to pay such an amount, this order can be amended by the same court.

Yes, you can be asked to pay regular maintenance in such a case depending on the pleas of your wife. You can already file an application seeking mandtory publication of the Court notice in the newspapers at your expense and furnish the same before Court in order to effectuate summons. However, as always, it's in your interest to initiate contact, as the contents can be taken out of context especially dealing with private matrimonial matters.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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