Initially i went to HC for revision of CrPC 125 interim order of 25k/month , HC ordered to reduce it to 15K/month and ordered mediation and in case of default in payment this order shall vacate and 25k / month interim shall reinstate , in Lower court case continued for another 5 months and due to non appearance the case was dismissed . i continue to pay 15K and after 44 months the case was reinstated by Lower court , i never defaulted till the case was live , after dismissal i missed only 3 payments even if i had no maintainable order . after reinstate of case opposite party said i defaulted but lowers court didnt grant that and asked me to pay the arrears and continue paying 15k , opposite party went to appeal in HC in 482 and hide the fact that the case was dismissed for 44 months , HC didnt issue any notice to me (mentioned in the order as well ) i.e. ex parte order and ordered that i defaulted and 25K/month maintenance to be paid . i went to SC filed a SLP and SC rejected it saying they will not interfere . what to do now pl. advise
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This is an interim maintenance only hence you may better continue paying the same or get into a compromise with her and reduce the quantum of arrears amount
You should have filed a revision petition before division bench before the same high court giving the facts and the background details whereas you approached supreme court
The supreme court also has rejected your petition.
Therefore you may proceed as suggested.
Since your appeal to SC has been dismissed you have to comply with HC others and pay 25k a month
File a recall petition in high court. I wonder how without notice the HC passed this order.
You should have filed a review application in HC only.
Dear Client,
You can file a review petition in the High Court. In this petition, you can argue that the HC's ex parte order was passed without giving you an opportunity to be heard, which violates your right to a fair hearing. If there was a genuine misunderstanding or non-communication of facts in the HC, you can file an application for rectification or clarification of the HC’s order. This should be based on the fact that you continued to pay ₹15,000/month during the live period of the case and only missed payments after the case was dismissed, which should not be considered a default. Gather all evidence of payments made during the live period of the case, including any bank statements or receipts, to strengthen your case. If the opposite party seeks to execute the HC order for ₹25,000/month, be prepared to defend against it.
Based on the details provided, it appears that the matter has gone through various stages in the lower court and the High Court. The Supreme Court has also rejected the Special Leave Petition (SLP) filed against the High Court's order. Here's a legal analysis and advice on the way forward:
The High Court's order directing the payment of Rs. 25,000/- per month as maintenance is binding and needs to be complied with, as the Supreme Court has declined to interfere with the order.
The fact that the lower court case was dismissed for a period of 44 months due to non-appearance does not automatically absolve you from the maintenance obligation during that period. The High Court, while passing the order, was aware of the dismissal and still directed the payment of arrears.
The High Court's order was passed ex-parte (without hearing you), which is a procedural irregularity. However, the Supreme Court's dismissal of the SLP implies that it did not find merit in challenging the High Court's order on this ground.
You have the following options:
a. File a Review Petition before the Supreme Court, highlighting any apparent error or mistake in the order rejecting the SLP. However, the chances of success in a Review Petition are generally low, as the Supreme Court is reluctant to review its orders unless there are exceptional circumstances.
b. File a Curative Petition before the Supreme Court, which is the last judicial resort available. Curative Petitions are entertained in rare cases where there has been a violation of principles of natural justice or a gross miscarriage of justice. The threshold for admission of a Curative Petition is extremely high, and it is advisable to seek legal counsel before pursuing this option.
c. Comply with the High Court's order and pay the arrears and the ongoing maintenance of Rs. 25,000/- per month. If there are genuine financial constraints, you can file an application before the High Court or the lower court, seeking a modification or reduction in the maintenance amount, citing your financial circumstances and any change in the circumstances of the parties.
d. Explore the possibility of an out-of-court settlement or mediation with the opposite party, if feasible, to arrive at a mutually agreeable maintenance amount and resolve the matter amicably.
It is important to note that non-compliance with the High Court's order may lead to contempt of court proceedings or other legal consequences.
For more legal assistance, you can contact me.
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Best Regards,
Arunkumar Khedia
Advocate Bombay Highcourt
If the Apex Court has rejected your SLP, you hardly have any further avenue to challenge the Order passed by the H.C.
