Legal Question in Family Law in India
Sir,/Madam
1) I filed divorce petition u/s 13(I) (ia) of HMA�1956 in Lower Court ie Addl. Dist. & Sessions Judge Court. But in her final written evidence she mentioned that she will not divorce me, she wants to reside separately ie her parents house & filed a petition u/s 24 of HMA�1955 for maintenance Pendente Lite & expences for litigation. In her petition, she mentioned that she requires Rs.15,000/- per month as maintenance Pendente Lite & requires Rs.50,000/- only as cost of litigation. After final written evidence the Sessions Judge Court passed an order for Rs.5,000/- Per month. But now the divorce case is kept dispute by my lawyer. The divorce case is dismissed.
2) After that, my wife filed an another petition u/s 125 in Lower Court ie SDJM Court for Rs.15,000/-per month as monthly maintenance. I was working under a contractor as a per day labour & getting Rs.3,000/- per month (I have also taken a income certificate from the contractor showing Rs.100/- per day) but long ailment of mine I have lost the Pvt. job I am a heart patient now I am unemployed unable to work for heart pain. On the other hand, my mother has been suffering from backbone disease problem since'2003 due to her backbone she can not move & my father is a patient of High BP both are sick & old. There is none to look-after them they are also depended upon me. I have no property, no bank balance & no child in our married life.
3) The case is still running from last 1 year, no order passed till date. The case is under process. The court formalities ie written objections of the parties, arguments..etc. almost completed & I think the Hon�ble Court will pass an order within a short time.
4) My question is that if pass any order from Lower Cort (SDJM) & if the Lower Court�s order is not satisfactory then Can I approach the High Court regarding section 125?
5) I want to know because some people says to me that �I file divorce petition in Sessions Court�. After filing case once in Sessions Court then High Court will not accept my case again. Is it true? Please tell me in details. It will be very easy for my future.
So, sir reply me as para-wise.
1 Answer from Attorneys
Firstly, you can appeal against the order of trial court on divorce in the High court and can also challenge the maintenance awarded to your wife.
Similarly, you can challenge the judgement in 125. Contact for detail.
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