Legal Question in Criminal Law in India

i got interim order of 2500/- from highcourt,though my husband had pay me little amount instead of entire amount.my lawyer had file Criminal misc.application on 27th august,in highcourt and next hearing is on 31st august..i dnt understand exactly the words used by my lawyer in application..so i am write down some main portion here..kindly help me to understand..

.(1) according to the said calculation the present opponent no.1 was required to pay amount of rs.70000/- as on 31/8/09. however the oponent no.1 makes payment only when the present applicant prefers application undersec 125(3) of the code.even in the said application the opponent no.1 comes and makes payment by installments.so far as amount of rs.44000/-has been paid that too in installments.an amount of rs.26000/- is still outstanding.the application is field by the present applicant under sec 125/3 of the code bfor the court of learned jmfc,khedbrahma.and the same is PENDING.despite that,the present opponent no.1 does not make the payment in compliance of the order passed by this hon'ble court.

(2)the applicant submits that in view of above there is a clear breach of condition by this hon'ble court and therefore,the interim relief may kindly be vacated forthwith direction to the opponent ni.1 to make the balance payment of rs.26000/-immediatly.

(3)the applicant submits that no discretionary relief may kindly be extended in favour of opponent no.1 in view of clear brech of the condition and therefore the interim relief may kindly be vacated

(4)your lordship be pleased to vacate the ad interim relief granted vide order dated 17/6/09 in special cri apllication no xyz and further be pleased to DIRECT the opponent no.1 to make the balance payment of rs.26000/-forthwith and also be pleased to DIRECT the opponent no.1 to reimburse the medical expenses incurred by the father of the applicant,in the interest of justice.

I just want to know what does this word DIRECT means ?? i cant understand this sentence with direct ??

cant my lawyer has file a contempt of court apllication for not making full payment of my maintenance??

can't high court vl take any strict action againt my husband??

what vl court do in my next hearing for this application ??

should i explain my difficulties from which i am suffering ...and can i attach my husband's income proof with my written letter..before hon'ble judge???

my lawyer told me that he vl not take fees from me because he dnt take money from 125 case usualy..should i trust on him?

he also told me that court vl reduce my maintence from 3000/- to 2500..but he vl try..


Asked on 8/29/09, 1:07 pm

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there is a clear direction by the court that your husband should pay the amount and also reimburse expenses. in case he doesnt do that, you may file the execution proceedings. once you file the execution, his salary may be attached if he fails to pay. as far as your lawyer is concerned, you should have worked out the finances before filing the complaint.

Read more
Answered on 8/29/09, 1:13 pm
Shrichand Nahar S.V.Nahar, Advocate

Avoid asking same and same thing again and again.

Read more
Answered on 8/30/09, 2:23 am


Related Questions & Answers

More Criminal Law questions and answers in India