Dismissal of Intern maintenance in DVC case
4 years ago
Hi Sir,
I have a genuine question with me. My wife has put 100% wrong cases against me . One of the cases is DVC. In DVC she has put in the petition that she is not working. For that i had provided here employment offer as proof. After 1 year(2018 June the case was filed), now she has filed a memo stating that she is not working since beginning and the judge said that since there is no sign on it, he wanted her experience letter. And has given some maintenance. After 1 and half months now, i had strong proof for her employment. Now my question is :
1) Is there any way we can request the same honorable court to dismiss the Intern Maintenance Order (since 1 month is already passed i cannot put Criminal Revision Petition) ?
Can i put a petition before the same trial court to dismiss the Order by providing her employment proof without approaching any higher court ?
2) If as per 1) will the petition is allowed in the same court and will the maintenance order be dismissed immediately ? I request someone to answer me as i am struggling here despite of having strong proofs.
If circumstances are changed then you may file application for stopping interim maintenance otherwise you have to approach Appellate Court.
Shreyash Mohta
Responded 4 years ago
However, you can also file for revision in the court of sessions and opt to revise such order there.
In both the cases if need be you should file a petition wherever required for the condonation of such delay.
In a recent order,
The Single Judge Bench of Justice Pankaj Bhandari examined the scope of the term “interlocutory order” and placed reliance on the decisions of the Supreme Court and the Allahabad High Court for the same. The Court also highlighted the provisions of the Protection of Women from Domestic Violence Act, 2005 that allow for a revision of a maintenance order.
The Court, thus, arrived at the conclusion that interim orders passed in cases of maintenance are not barred by Section 397 of the CrPC and revision petitions are maintainable. Advocate Sehban Naqvi had appeared for the petitioner in this matter.
Thanks
Adv. Shreyash Mohta
Anonymous
Replied 4 years ago
Hi ,
Thanks for your nice explanation. Just wanted to know what could be the change in circumstances if i have a strong proof for her job, in case of maintenance as i got the proof recently. So do you mean the proof i got now for her job is the change in circumstance ? Please let me know.
Innocent male.
Thanks in Advance
Offer Letter doesn't proof of earning but that does proof that she was employed so there must be a sum of amount in consideration but if you have a proof of transferring a particular amount every month to her account then that can proof.
now you can approach session court
hopefully you will get relief
but for now keep giving her maintenance.
Regards.
Jagannath S Pawar
Responded 4 years ago
Courts r liberal in granting maintenance. Offer letter is not proof of earning but salary slip or IT evidence could b. However even if u r late u can approach Sessions Court in Appeal with delay condonation where u may get relief or order revised albeit with certain conditions which might b put by the appellate court
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