(Guest)

For newbies of maintenance

Have been seeing quite a few new queries about maintenance. So this thread.

There are two types of maintenance during divorce proceedings:

1. Interim alimony [IA or interim maintenance] until the divorce is granted.

2. Peramanent alimony [monthly or lumpsum] after the divorce is granted.

For the IA, the wife would have filed an application that she needs money, now when the IA is ordered, it needs to be paid from the date of the application. For eg: if the alimony application is given on 22-2-2012 and said application is allowed in subsequent months, the alimony payable to the wife is calculated from the date of application.

Such application needs to be given at the completion of one year, which means to say, every year a new application need to be given. The amount fixed as IA would have been fixed based on the situations of that particular year. So dont keep paying money blindly into her account.

After divorce is granted, husband has to pay peramanent alimony, here once again wife has to give application on an yearly basis.

Seniors, please correct me if I am wrong.

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22 Replies

(Guest)

How about me filing an interim maintenance application with some nominal amount for an year as I have initiated the legal separation?

stanley (Freedom) 22 February 2013

@ author

Permutations and combinations of Maintanence .

1. In case you have invested money in your wifes name like for eg Fixed deposits etc from where she is getting a source of revenue than you can always contest the interim application that she is not a destitue .But rather is having a source of income from the said investments .

2. Permanent alimoney should never be paid rather the same should be paid monthly . Reason being that even after MCD under change of circumstances she can once again ask for maintanence . The other advantage is once she remarries her monthly mainatanence stops for her self .

3. option of voluantry maintanence in the court .

@ stalker you cant file an application for IA the person who wants maintanence hs to file for it alternatively

you can pay voluantry maintanence of minimal amounts in the court premisies every month by filing an application and getting it permitted by the presiding officer . And let your wife collect it when ever she pleases or as when the maintanence amount is disposed .

Reason being the opposite counsel cant ask for interest over the arrears of maintanence which they normally do since they on purpose drag on the case for years .

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(Guest)

When all will a wife not get maintenance money?

1. Husband filing RCR, wife not willing to join husband, still ends up filing application of IA for maintaining self/and or kid or kids.

Court wont award maintenance to the wife.

2. Wife has got government job, private job and is earning money, no alimony is awarded. [ here if husband is earing less, there are cases that wife has had to pay alimony to husband, same in case of husband who is unemployed, husband can file IA application and claim maintenance.

3. When husband is jobless, and does not have any property in his name, or wont be getting any kind of ancestral property as such, and is incapable of paying alimony, wife would not be able to get money. [ here husband would be taken into judicial custody]

(Guest)

What will happen if alimony is not paid?

Warrant issue, subsequently if husband is not found, same warrant gets turned into NBW.

Will there be interest accured on balance of alimony?

In most cases, yes.

What if judge awards an alimony which a husband cannot pay/if the amount per month is huge?

Immediately the husband has to file an application stating his income details and as to how much he can pay and request the judge to refix the interim alimony.

What if the judge does not accept the readjudication application?

Next step would be to approach the HC with income details.

stanley (Freedom) 22 February 2013

Originally posted by : Sujay >>>>>>>>>>

What will happen if alimony is not paid?

If the person has any assets they can be attached to recover the same else one month simple imprisonment if not paid and in prison everything is provided beedies , cigrates ,tobacco ,free food and accomodation if special food is required than even than can be provided at a cost .Except for the fact you should not be young else you may get sodomised :-)

Warrant issue, subsequently if husband is not found, same warrant gets turned into NBW.

Will there be interest accured on balance of alimony?

in this modern age of cunningness yes interest can be demanded at say 10 % court battles are like business battles all for the sake of abstraction of money

In most cases, yes.

What if judge awards an alimony which a husband cannot pay/if the amount per month is huge?
Immediately the husband has to file an application stating his income details and as to how much he can pay and request the judge to refix the interim alimony.What if the judge does not accept the readjudication application?Next step would be to approach the HC with income details.

Better to sumbit your pay slip and calls for wifes pay slip or it returns using CRPC 91 else nothing but time is lost and either side is paying their counsel fees for nothing and delaying the matter provided it is a working wife . if husband is not satisfied with the order and unable to pay than there lies a appeal within 30 days of the passing of the said order .

Next step is sessions court

And next step is high court

And than Supreme court and all you would get is just a small reduction in it and you end up losing more and more towards lawyers fees , commuting to different courts and lawyers fees goes up and up when the appeal goes higher and higher :-)

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(Guest)

Where to pay alimony?

1. It'd be either in the open court, you pay cash, those green notes to your lawyer, he hands it over to her lawyer. Subsequently, a recieved such and such amount is written and given by the party.

2. Directly deposit it to wife's SB account. Keep pass book up-to-date.

Ranee....... (NA) 22 February 2013

I did not understand the point of applicaion for IA every year.

(Guest)

Originally posted by : Ranee.......
	I did not understand the point of applicaion for IA every year.

Perhaps you never did.

Perhaps your husband was such a buddhu to pay whatever was ordered as IA without checking with his or her lawyer.

Lucky you

Ranee....... (NA) 23 February 2013

even in lci too I heard it for first time...hats off to you sujay..you gave us such a piece of diamond

but i stll can not understand!

stanley (Freedom) 23 February 2013

Originally posted by : Sujay

Where to pay alimony?

1. It'd be either in the open court, you pay cash, those green notes to your lawyer, he hands it over to her lawyer. Subsequently, a recieved such and such amount is written and given by the party.

Better to pay to the court by way of application specifically mentioning that this amount is towards maintanence and a recepit would be given by the nazir of the court . As and when they want they can collect it .

2. Directly deposit it to wife's SB account. Keep pass book up-to-date.

If you directly deposit than wife may use for some other purpose and convey to court i used for so and so purpose and hence i have not received any maintanence till date .:-)

1 Like

(Guest)

Originally posted by : Ranee.......
	even in lci too I heard it for first time...hats off to you sujay..you gave us such a piece of diamond but i stll can not understand!

That's sad.

1 Like

stanley (Freedom) 23 February 2013

Originally posted by : Ranee.......
	even in lci too I heard it for first time...hats off to you sujay..you gave us such a piece of diamond but i stll can not understand!

Yes how would you understand Jhansi ki Ranee . When everybody is aware of the fact that interim maintanence is passed pending final disposal of the judgement . Meaining to say that during the proceedings you would be awarded maintanence . so if the case goes on for years the interim would continue and would not stop after one year as stated somewhere in this post :-)

1 Like

Ranee....... (NA) 23 February 2013

then what is applying for IA every year?