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Wrong interim maintenance order & appeal filed / Execution 125(3)
19-Oct-2023 (In Divorce Law)
An order of Interim Maintenance of amount Rs.15000 /- was passed on the basis of reply filed by me: in which salary was shown of amount Rs.60,000.
The salary was reduced to Rs. 35000 and the same was mentioned in the furnished income affidavit but this fact was ignored while deciding the interim maintenance. She filed income affidavit without her bank statements and also hided her one of the course in Aviation & Hospitality. How Can I bring in the notice of the court regarding the same and some other wrong information furnished by her such as her age etc.
A appeal is filed against the order (April 2021) to reduce the interim maintenance but the complainant also filed the appeal after (April 2021i.e 3 days) after me so as to increase the interim maintenance.
Along with this recently, In Sep 2021 last week, they have also filed execution petition of 125(3) Crpc against me.
What are the solutions which i can take i.e filing Adultery case against her, or some others?
Please help me
A revision will be filed in the competent court of jurisdiction. Also on the other side an adultery and other cases can be filed under the different provisions of family laws. Meanwhile other criminal charges too can be imposed against the accused based on the available documents.
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Adv. Vedansh Anand
Adv. Vedansh Anand
Delhi | 25+ Answers
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As above stated matter is clear that the concern judicial magistrate has ignored the submission from your end. So you can challenge the interim order. As far as filing of adultery case against her or some other is concern, I not suggest you to do that as it will only waste of time & money.
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Adv. Rahul Kumar Singh
Adv. Rahul Kumar Singh
Gurgaon / Gurugram | 25+ Answers
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In case of concealment of any fact one can file application under section 340 Crpc ( perjury).
Further in the appeal for reduction of interim maintenance whether any stay on order granting interim maintenance was sought if so what was the outcome if not then an application should be filed immediately for the stay on the said order and execution. As far adultery is concerned that can be used as a ground for divorce and nothing else as adultery has been decriminalised.
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Adv. Shubham Mahajan
Adv. Shubham Mahajan
Delhi | 5+ Answers
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If the summons are not served at your residence then you are not duty bound to comply for the same. And if in the appeal wife is not appearing then you can always take the ex-parte order against your wife.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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hello clients as i can see your issue is been important but the things is been against you but the thigs are not properly explained by you in brief so you need to explain it in details so i can give you proper solition.
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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no such things will not effect u until the appeal won't be allowed or be heard, u can summon ur wife through electronic mode also in appeal and vice versa for the execution petitions ,more over show ur more expenditures and dependants
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Adv. Himanshu Sharma
Adv. Himanshu Sharma
Delhi | 50+ Answers
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See your wife can be proceeded exparte in case she deliberately avoid appearance despite service of summons to her by the appellate court. Further in case you have not recieved summons for the execution petition, you can wait to appear. Further you may contact for detailed consultation
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hello sir !
First of all you should’ve taken a stay on the execution proceedings because without that the entire purpose of filing an appeal would get frustrated if the execution takes place. If she’s not appearing on any of the dates in appeal then it would surely go against her and the appeal would probably be decided ex-parte.
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Adv. Rajnish Kumar Singh
Adv. Rajnish Kumar Singh
Delhi | 100+ Answers
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