Legal Question in Criminal Law in India

Maintenanace-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 reluctant to admit 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 immediately on what to plead; before 28 April 2008.


Asked on 4/22/08, 3:56 pm

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Maintenanace-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, 1:23 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenanace-pendente lite

Already replied

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Answered on 4/24/08, 7:03 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Maintenanace-pendente lite

Already replied.

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Answered on 4/23/08, 4:26 am

Re: Maintenanace-pendente lite

All court papers are required to be examined in order to give any advise on the given subject matter.So,contact in person with all details,professional charges are applicable.

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Answered on 4/23/08, 6:46 am

Re: Maintenanace-pendente lite

All court papers are required to be examined in order to give any advise on the given subject matter.So,contact in person with all details,professional charges are applicable.

Read more
Answered on 4/23/08, 6:46 am


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