Legal Question in Family Law in India
I have filed case against my husband of 125 crpc of maintainace, interim orders were passed on 31.5.11, after which i filed 127 crpc to admit that i am employed against which he(my husband) filed 340 against me stating that i have given wrong affidavit saying" i have no other income to sustain"
My first ques is what should i reply to protect me from my statement
second, even after execution was filed on interim maintainence by me, it is not yet paid to me by other party, what can the other party do (appeal/challenge) not to give the interim to me
whether after 1 year 3months of pasing court order of interim, my husband can challenge it on some fabricated back date
who is the authority (high court/ sc?) who can entertain his request and where can i check whether he have appealed against teh interim orders...i mean website?
5 Answers from Attorneys
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i agree with Adv Dhingra
Answer to 1st question is you need proper legal advice. Q2. orders of magistrates are challenged in High court u/s 482 crpc. Q3.Back dated not possible. Q4. delhihighcourt.nic.in/
Feel free to contact the under signed for any assistance.
Look you yourself has given the details that you are employed now so it does not involve any commission of crime u/s. 340 cr.p.c. If the appeal is filed then you should have been given notice right? So it is presumed that there is no appeal.
if you had volunteered the info about your employment in 127 application before 340 application, however, other facts will have to be seen in totality. you must see a lawyer with all your papers. Being a woman, you are entitled to free legal aid from Delhi legal service authority who have their offices in each court complex.
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