Need advice
Effective April 2014, Sessions Court ordered to pay Rs. 25,000/- per month maintenance to my wife under DVA.
I filed WP/124/2015 in Mumbai HC. Vide order dated 24th June 2015, The Honourable High Court Mumbai, ordered “there shall be ad-interim relief in terms of prayer clause (d).”
The clause (d) of the plaint reads “That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order DT. 04.08.2014 at Exhibit “A” in Appeal No. 59 of 2013 of Court of Dist. And Session Judge, Thane arising out of Complaint No. 367 of 2008 and M. A. No. 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai and the further proceedings of Complaint No. 367 of 2008 and M. A. No, 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai on such terms and conditions as this Hon’ble Court may deem fit and proper.”
On 9th December 2016, HC Mumbai passed an order “Due to paucity of time the matter is adjourned to 21/03/2017. Ad-interim relief if any to continue till then.”
On an application filed by my wife, HC Mumbai passed attached order dated 21/12/2017. Case was admitted and is pending for final hearing and judgement.
On 20th March 2017, my wife filed an application in JMFC Vashi for issuing distress warrant for not paying maintenance from 1st April 2014, till date. Despite my filing written statement, JMFC Vashi allowed the distress warrant for attaching my movable property. I filed review petition also in JMFC Vashi, which has again been dismissed yesterday. Grounds for dismissing Review Petition are yet to be known as order copy has not been received.
The police report on distress warrant says, I do not have any movable property, but I have immovable property in my name, which can be attached. My wife is staying at that premises and I am staying in a rental premises. However, in earlier order JMFC Vashi ordered that I cannot create third party interest in that property. My wife is earning while I am unemployed.
My wife has moved an application for issuing Non-Bailable warrant against me.
I would like to know from learned members of this forum:
1. Whether, the stay order passed by HC Mumbai dated 24th June 2015 stands vacated as per attached order dated 21/12/2016?
2. If the stay order stands vacated, am I liable to pay the maintenance effective 1st April 2014 or 21st December 2016 or 21st March 2017?
3. In view of these facts, what are the remedies available to me? more
I filed WP/124/2015 in Mumbai HC. Vide order dated 24th June 2015, The Honourable High Court Mumbai, ordered “there shall be ad-interim relief in terms of prayer clause (d).”
The clause (d) of the plaint reads “That pending the hearing and final disposal of the present Writ Petition, this Hon’ble Court be pleased to stay operation/execution of order DT. 04.08.2014 at Exhibit “A” in Appeal No. 59 of 2013 of Court of Dist. And Session Judge, Thane arising out of Complaint No. 367 of 2008 and M. A. No. 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai and the further proceedings of Complaint No. 367 of 2008 and M. A. No, 80 of 2008 on the file of JMFC, CBD Belapur Navi Mumbai on such terms and conditions as this Hon’ble Court may deem fit and proper.”
On 9th December 2016, HC Mumbai passed an order “Due to paucity of time the matter is adjourned to 21/03/2017. Ad-interim relief if any to continue till then.”
On an application filed by my wife, HC Mumbai passed attached order dated 21/12/2017. Case was admitted and is pending for final hearing and judgement.
On 20th March 2017, my wife filed an application in JMFC Vashi for issuing distress warrant for not paying maintenance from 1st April 2014, till date. Despite my filing written statement, JMFC Vashi allowed the distress warrant for attaching my movable property. I filed review petition also in JMFC Vashi, which has again been dismissed yesterday. Grounds for dismissing Review Petition are yet to be known as order copy has not been received.
The police report on distress warrant says, I do not have any movable property, but I have immovable property in my name, which can be attached. My wife is staying at that premises and I am staying in a rental premises. However, in earlier order JMFC Vashi ordered that I cannot create third party interest in that property. My wife is earning while I am unemployed.
My wife has moved an application for issuing Non-Bailable warrant against me.
I would like to know from learned members of this forum:
1. Whether, the stay order passed by HC Mumbai dated 24th June 2015 stands vacated as per attached order dated 21/12/2016?
2. If the stay order stands vacated, am I liable to pay the maintenance effective 1st April 2014 or 21st December 2016 or 21st March 2017?
3. In view of these facts, what are the remedies available to me? more
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The Best way is to re-approach to the Hon'ble by way of M.A. or so other seeking the intervention and directives to the effect. It seems there is good ground for the same. Should you require any further assistance in the matter, we can help you to the effect. Pl. feel free to contact. more
Aug 19
Please let me know, what help you can extend. Also, can you please answer to the questions I have raised please. more
Aug 19
Look Man, U have confused by stating the Order of Supreme Court. No doubt all courts are acting differently and sometime out of context. But it is expected that Higher Court Order are to be followed in later and spirit and also to be implemented. Sometime Courts are not adhereing to this principle as I c from order of Lower Court but you have no clarified the effect of Supreme Court Order it find no reference in High Court Order too more
Jul 22
Despite being a false case, all orders are in her favour. Therefore, in all three mediation that took place in court. she refused for any settlement or demanded such a high compensation which I cannot pay. more
Jul 21
Well it appears there is Marriage Petition too meddling in Domestic Petition.
However certainly the last order of High Court passed in Dec,2016 will prevail over earlier order in the same Petition on the file of High Court. The earlier order after passing of subsequent order get nullified however the wording of this latest order of Dec,2016 will prevail.
As I see that your marriage Petn is dismissed thereafter DV Court enhance maintenance to 25K which you challenged in Session which was rejected hence u came to High Court.
Initially there was stay, however in Dec,2016 on hearing yr Petn is admitted but there is no interim relief thus from Dec,2016 u are laible to pay entire maintnence till disposal. I make clear that in absence of clarified by HC you are also bound to pay as per DV Court order of 25K from the date till disposal of your HC petn more
However certainly the last order of High Court passed in Dec,2016 will prevail over earlier order in the same Petition on the file of High Court. The earlier order after passing of subsequent order get nullified however the wording of this latest order of Dec,2016 will prevail.
As I see that your marriage Petn is dismissed thereafter DV Court enhance maintenance to 25K which you challenged in Session which was rejected hence u came to High Court.
Initially there was stay, however in Dec,2016 on hearing yr Petn is admitted but there is no interim relief thus from Dec,2016 u are laible to pay entire maintnence till disposal. I make clear that in absence of clarified by HC you are also bound to pay as per DV Court order of 25K from the date till disposal of your HC petn more
Jul 24
Dear Atul
It is very unfortunate that such a big injustice is happening with you. From your statements what I gather, unfortunately my fellow brother lawyers who are representing you are doing a very bad job. Trust me on one thing the divorce and maintenance laws are no more absolute and they are not absolutely in favour of females but it is a qualified one and your lawyer who represents you should have protected all your interest by taking preventive actions.
From the High court order made on 21 dec 2016, you have to pay maintenance from the date of stay order till todate. But I have a very strong feeling that your case has not been represented properly right from the 1st day of your case in Vashi and Belapur court till today. I have handled many matrimonial cases and what I have observed when it comes to false cases filed by wife on her husband is that husbands Advocates do not make his case water tight from day 1 and that leads to maintenance and subsequently it becomes a herculean task to reverse the order. But still I see a lot of hope in your case to revese the order. But it will take a thourough study of all papaers from 2008 onwards. In the past I have reversed the order of maintenance in false dowry and Domestic Violance cases filed by wife on husband. you can send me a mail.
Regards
Sandeep Sheregar
Legal Consultant.
sheregar@rediffmail.com more
It is very unfortunate that such a big injustice is happening with you. From your statements what I gather, unfortunately my fellow brother lawyers who are representing you are doing a very bad job. Trust me on one thing the divorce and maintenance laws are no more absolute and they are not absolutely in favour of females but it is a qualified one and your lawyer who represents you should have protected all your interest by taking preventive actions.
From the High court order made on 21 dec 2016, you have to pay maintenance from the date of stay order till todate. But I have a very strong feeling that your case has not been represented properly right from the 1st day of your case in Vashi and Belapur court till today. I have handled many matrimonial cases and what I have observed when it comes to false cases filed by wife on her husband is that husbands Advocates do not make his case water tight from day 1 and that leads to maintenance and subsequently it becomes a herculean task to reverse the order. But still I see a lot of hope in your case to revese the order. But it will take a thourough study of all papaers from 2008 onwards. In the past I have reversed the order of maintenance in false dowry and Domestic Violance cases filed by wife on husband. you can send me a mail.
Regards
Sandeep Sheregar
Legal Consultant.
sheregar@rediffmail.com more
Jul 21
Why cannot you get an order for Court(s) that she should come back and stay with you for the rest of life.... Perhaps there are no legal remedy to 'unite the couple', but there are every 'legal points' to separate them... and Advocates are well-versed at it... Please think many times and arrange for a 'united life'... more
Jul 20
Very unfortunate... I understand the depth of the peculiar situation you are in.. Best wishes, that everything ends happily. more
Jul 22
Very unfortunate... I understand the depth of the peculiar situation you are in.. Best wishes, that everything ends happily. more
Jul 22
With due respect Sir, I was framed in a false DVA case since 2008. Today's law is so draconian that, if she cuts her finger while cutting vegetables and files a complaint with police that my husband attacked me with a knife, I will be first be arrested and then the case will continue for rest of the life. And, she is now supported by a host of advocates, which was not there in 2008. Therefore, there is no point in staying with her because it is more risky today. more
Jul 21
