1. Yes
7. You can at the time trial of the case.
8. Yes
9. Not much
Appeal in High Court Against Interim maintenance order u/s 125 CrPC
Principal Judge Has granted interim maintenance order in favour of my wife and children on 22/02/2023 1 Can I still appeal in High Court against this Interim maintenance order in spite of expiry of 90 days from the date of order. 2 My wife was living with me in Delhi on the date of case of filing whereas case u/s 125 CrPC was filed in one of the court in Haryana where my wife's parents resides. 3 My wife and children were living with me from the date of case filing and even for next 5 months including the month of case filing u/s 125 CrPC, whether any jurisdiction issue of court comes under this considering point no. 2 & 3 both 4 Family Court has passed interim maintenance order from the date of case filing considering Rajnish vs Neha Judgement and due to this I am forced to pay maintenance even for the first 5 months from the date of case filing since during this period my wife and my children were living with me and all expenses including education, grosery, etc. were done by me and whether this point can be the reason of appeal in High Court. 5 My wife has also sent written messages to school to delete names of children from the school rolls and also mentioned she is going to take divorce from me and will leave my home and whether I can make this one of the point in appeal considering u/s 125(4) CrPc 6 My wife has appealed in High Court to enhance her interim maintenance but hide her job details in her assets and liabilities affidavit from the family court and High Court and further taken the stand in High Court that I have not submitted my assets and liabilities affidavit whereas interim maintenance order of family court is clearly saying affidavit of assets and liabilities of both the husband and wife has already been submitted and accordingly interim maintenance order is passed. 7 I want to file section 91 CrPC application in the family court to send summon to my wife's employer for to present her salary slip, joining letter and Form 16 in order to submit the same in High Court for appeal and also to submit as my defence evidence in the family court, please suggest how better I can make my application and whether this to be attested through Oath Commissioner or not. 8 My marriage was done in 2011 and My wife has also made complaint in 2022 only and FIR and Chargesheet has been submitted in the Judicial Magistrate First Class court in March,2024 u/s 498A,406,506 but I have not received the copy of chargesheet as yet, I am on police bail as of now, can I ignore going to the Trial Court till I get bailable warrant. 9 I have also filed one criminal case u/s 323,506,34 against my in laws except my wife against the physical assault done by them onto me inside the women police station and Chargesheet has also be filed by the police against them in the court and trial is going on, can I take advantage of this case in 498A and appeal in High court for challenging the appeal of my wife for enhancing her maintenance. Please guide
Asked 2 months ago in Family Law
Religion: Hindu
9 Answers
Make an application for consolation of delay in filing appeal .give reasons as to period of delay in filing appeal .court can confine delay in interest of justice
2) you can say that wife was staying with you for initial 5 months and you were meeting her expenses
3) you should appear before trial court
4) make an application in family court to issue summons to her employer for processing ducking wife salary slip
Dear Client,
- Appeal Against Interim Maintenance Order: Yes, you can still appeal. According to Section 5 of the Limitation Act, 1963, you can file a petition for condonation of delay along with your appeal, explaining the reasons for the delay. The High Court may condone the delay if it finds the reasons satisfactory.
- Jurisdiction Issue Under Section 125 CrPC: The proceedings under Section 125 can be initiated in places where the wife is residing, where the husband is residing or where the husband last resided with his wife. Since your wife was living with you in Delhi on the date of case filing, you can argue a jurisdictional issue. The case should ideally be filed where you both last resided together.
- Maintenance Order and Rajnish vs Neha Judgement: You can appeal this decision in the High Court, arguing that paying maintenance for the period during which you were already supporting your wife and children is unjust. The Rajnish vs. Neha judgement mandates interim maintenance from the date of application, but the facts of your case suggest you were already providing for them during that period.
- Evidence of Intent to Leave: Section 125(4) CrPC states that no wife shall be entitled to receive maintenance if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. Your wife’s messages to the school can be used to demonstrate her intent to leave and could strengthen your appeal in the High Court.
- Concealing Job Details and Misleading Statements: Your wife hiding job details and misleading statements in the High Court can be used in the court to significantly impact the credibility of her claims.
- Filing Section 91 CrPC Application: Under Section 91 CrPC, you can request the court to summon documents necessary for your defence, including your wife's employer for salary details
- Chargesheet in 498A Case: It's advisable not to ignore court proceedings. Failing to attend could lead to adverse consequences, including the issuance of non-bailable warrants. Engage with your lawyer to get a copy of the chargesheet and prepare your defence
- Using your 323, 506, 34 IPC case in 498A proceedings: While the two cases are separate, you can argue that your in-laws’ behavior and the pending case against them reflect on their credibility and possible malice. However, each case will be judged on its own merits. It may not directly influence the 498A case but can be part of the overall narrative of your defense.
Work with your lawyer to come over this issue efficiently. Should you require any further explanation, please do not hesitate to contact us.
1. Yes you can file a revision petition before high court against this order.
3. There is no question of out of jurisdiction to file this maintenance case in her place of residence.
4. You cannot disobey the court order.
5. No.
7. You have to file a petition before concerned court and not individually.
8. You have to appear before trial court once the notice is served on you.
9. No.
1. Yes, you can file Appeal/Revision with an application for condonation of delay , against the maintenance order passed by the family court even after completing 90 days from the date of order.
- However , there must be sufficient grounds of delay of filing the appeal
2. Yes, she can file the case from her parental address , if she has proof of residence there.
3. If she was living with you at the time of filing the petition , then you can raise the jurisdiction issue before the court and for dismissal of the petition.
4. Yes, you can raise this issue , but it cannot be a ground for appeal , as wife living with husband under one roof can also claim maintenance
5. Yes
6. As per Supreme Court, Wife is not entitled to get maintenance, if she lies
- You should arranged the proof of her earlier job & recently appointment /source of income , then you can file an application under section 340 CrPc for lodging an FIR against her lie /false affidavit in the family court.
7. An application must be with an affidavit attested /verified from the Oath Commissioner.
8. If you have already received the summon of the court , then NBW can be issued against you in case you will not appear before the Court on the date of hearing.
- Further, you have right to get a copy of the charge sheet from the court free of cost.
9. Yes,
1 My wife/petitioner has not submitted her evidence even after 8 hearings since interim maintenance order u/s 125 CrPC case and it has 17 months already passed since passing of this order. I have presented above fact to Family court judge apart from hiding of her employment status in her Affidavit of Assets & Liabilities since my wife was working at that time. Judge told me I will give her last opportunity to present her evidence. Further judge told me to present my defence evidence after prosecution evidence and to prove my wife's employment status at the time of submission of her affidavit of assets & liabilities and if same is proved then I will dismiss/set aside the interim maintenance order and further will order for the refund of already given interim maintenance to my wife. 1 My question is based on above facts should I still appeal in High Court against the family courts interim maintenance order or should wait submission of petitioner and defence evidence since there may be chances of dismissal/set aside of interim maintenance order by the family court judge and if I move High Court in appeal against family courts interim maintenance order then what are the chances that High Court can grant stay on any further trial of family courts proceedings or put stay on interim maintenance order and whether family judge can stil set aside the interim maintenance order based on my wife's false affidavit of assets and liabilities in which she has hide her employment status. 2 Whether my wife/petitioner will provide advance copy of evidence and list of witnesses to me/respondent or generally they handover the same in the court on date fixed/date of hearing. 3 What is the average time that Appeal is decided in High Courts for appeal against order of interim maintenance. 4 Whether unemployment is the strong ground for filing appeal with condonation of delay application. 5 What HC judge decide in appeal cases in interim maintenance order of family courts.
Asked 1 month ago
1. If there is a stay order granted by high court then the family court will not pass any order in that case including the interim orders.
Since you were told by the family court judge to be prepared with your defence evidence and prove that she is employed with the documentary evidence you can get not only the maintenance case dismissed but also can get an order directing her to refund the amount received by her by furnishing false statements before court.
You can decide judiciously about the next steps in this regard.
2. A copy of the chief affidavit will be served to the respondent by the petitioner at the time filing the chief affidavit and not in advance.
3. It is not an appeal but a revision petition, and the time taken by high court cannot be predicted owing to various factors involved in it.
4. No it is not a strong ground.
5. No prediction can be made about any judgment
Don’t appeal to HC .prove before trial court that wife is working and has made false statements on oath
2)HC would direct you to continue paying interim maintenance till appeal is heard and disposed of
3) appeal take years to be disposed of .it depends upon pendency of cases
4) merely because you are unemployed does not absolve you from paying maintenance
Dear Client,
- Given the judge's indication that the interim maintenance order could be dismissed if you prove your wife's employment status was hidden, it may be prudent to wait and present your evidence in the family court. If the family court sets aside the interim maintenance order based on the false affidavit, you will have resolved the issue without needing to appeal. However, if you do choose to appeal, you can request a stay on the interim maintenance order from the High Court. High Courts do consider stays in such cases, especially if there is evidence of false statements or concealment of material facts. The family court can still set aside the interim maintenance order based on your evidence, even if the High Court is considering the appeal.
- Generally, under the principles of natural justice and procedural fairness, the respondent should be provided with an advance copy of the evidence and the list of witnesses by the petitioner. In practice, this can vary, and sometimes such documents are only handed over in court on the date of hearing. However, you can request the court to ensure you receive these documents in advance.
- The average time for an appeal against an interim maintenance order in the High Court can vary significantly based on the court's backlog, complexity of the case, and efficiency of legal proceedings. It can take anywhere from a few months to years.
- Unemployment can be considered a reasonable ground for the delay in filing an appeal, particularly if it has caused financial constraints or other hardships.
- The High Court will review the family court's interim maintenance order to ensure it was made in accordance with the law and facts presented. The High Court may stay the family court's order if it finds merit in the appeal, especially if there is prima facie evidence of false statements or concealment. The High Court may also direct the family court to expedite the proceedings or provide specific instructions regarding the handling of the case.
Should you require any further clarification, please do not hesitate to contact us.
1. You should wait for the outcome of the family Court , as Judge already considered your facts.
2. Yes, legally you have right to receive of a copy in advance of all the documents & application /affidavits filed by her before the court.
3. Depend upon the burden of the Court . However it may take 2 to 3 hearing maximum for decide the petition filed by you.
4. No
5. HC will consider all the facts of both the parties