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Sunitha   03 December 2017

Query on interim maintenance

Dear All,

As per my past query, I have high court order to receive interim maintenance and now to challenge again he is going to supreme court to appeal the case..I heard that it will take very long..

Claverly he left job from abroad and showing docuent as he is sick and cannoot stay alone at forign country..

In such case if he will get order in his favour then what shuld i do?

I want to contest the case and can he force to supreme court to finalise as our case running since last 5 years..



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     03 December 2017

Supreme court hardly interfere with the High Court or district court order for interim maintenance whatever may be the circumstance of the party supposed to pay it. The interim maintenance already allowed by the subordinate court were made keeping in mind the salary or income of the person at the time that order was first made, in case afterwards the person suffers any disability for that he can always move application for reviewing of the previous order of interim maintenance in the trail court, the appellant court is not going to give any relief at the appeal stage.

Sunitha   03 December 2017

Dear Adv Mahajan, Many thanksk for your kind advice.. Thats really a good news..

Actually district court reject out application for interim application and high court allowed... On that basis he challenged that in trail court if it is rejected how hogh court has passed the order?

Samir N (General Queries) (Business)     05 December 2017

As you go higher up the appellate system, it is more based upon the application of law and less based upon the facts of the case. The Supreme Court may hear your case and examine if the High Court has applied the law correctly.  No advocate or person can give you an opinion on the possibilities of what the Supreme Court will do unless they have the High Court and lower Court's orders and Judgments before them and understand the basis as to why the High Court reversed the trial Court's Order. As for time the Supreme Court will take, it is all based upon the advocate who will be representing your husband and how aggressive he is. Things are a lot faster these days in Supreme Court. 


(Guest)

His petition will be rejected in SC also.  He will have to pay money to you.

But if he does not pay at all. Even Hon SC cant do much more than putting him in jail. You will have to pay 3000 rs to jail to maintain him.  Burden of maintainng husband when he cant maintain himself will be on wife.

1 Like

Adv Radhika Mehta (Advocate)     06 December 2017

Firstly, the change in circumstances cannot be considered by the SC unless and until the same was brought on record prior to the decision of the interim order in the trial Court.  He will have to file an Application for modification on account of changed circumstances. Also, irrespective of the fact that your matter has been going on for the last 5 years, the SC can adjudicate only upon the part under challenge and not the entire matter.  

Sunitha   06 December 2017

Thank you for your suggestions.. 

Just to update that, he filed in supreme court that, all Interim maintenance should be deductable from the final settlement..Is it true?

In such case I may get very little after deduction of interim..is it true?

Please suggest how the interim maintenance, wheather it is dedctabe from the final one or final settlement will be separate???


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