Legal Question in Criminal Law in India

Maintenance Pendente-lite

(1)Maintenance granted to wife at exorbitant amount u/s 24 HMA in divorce petition filed by husband.

(2)In appeal to sec. 24 order at high court by husband, his petition dismissed in-limine stating that amount is ok; without verifying the facts and income tax statement that husband has produced.

(3)In appeal filed by wife against sec. 24 , amount was doubled without listening to husband under the pretext that he has delayed in filing reply. Reply returned by registry of high court on technical grounds was also produced and fresh reply was also offered in the court itself but high court judge did not listened anything.

(4)Wife filed application under section 125 Cr.P.C. where husband was proceeded ex-parte despite no serving of summons as well as appearance put in by husband's advocate.

(5) Husband's all appeals dismissed while he attached his Income Tax return and other documents. Wife's all counter appeals upheld and maintenance kept increasing ex-parte

(6) Now high court is about to dismiss husband's appeal against 125 orders on pretext that decision u/s 24 (Civil) is binding upon husband in 125 (criminal) also. Husband was not listened at all, anywhere. Pl. help immediatelt what to do before 28 April 2008.


Asked on 4/22/08, 3:23 pm

6 Answers from Attorneys

Lawbird in Delhi Taneja Law Office

Re: Maintenance Pendente-lite

Get ready for going to Supreme Court.

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Answered on 4/22/08, 10:06 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Maintenance Pendente-lite

Facts appear like fairy tale. In reality such things never happen. One of the possible cause appears to be lack of good advice with good counsel to put forth the same before the Court.

In such circumstances, You should be consulting & engaging a good senior counsel with all the details/documents of your matter.

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Answered on 4/23/08, 1:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Maintenance Pendente-lite

Please consult a senior lawyer alongwith your details.

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Answered on 4/23/08, 2:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance Pendente-lite

File appeal in supreme court. contact a good senior lawyer.

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Answered on 4/24/08, 6:59 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance Pendente-lite

File appeal in supreme court. contact a good senior lawyer.

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Answered on 4/24/08, 7:01 am

Re: Maintenance Pendente-lite

This is a fit case to move to Supreme Court, you can visit our office for a meeting at 46LGF, Jor Bagh, New Delhi by taking a prior appointment at e-mail: [email protected]

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Answered on 4/23/08, 3:21 am


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