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FightForCause (Businessman)     26 November 2014

Dv maintainence challenge

Dear All,

I need some advice on challenging intermin dv order , as there has been a change of circumstance.

History

Marriage 2010

Wife Leaves 2011

DV case filed June 2012

Detailed affidavit submiited by both parties in order for judge to decide interim amount.  While affidavit was filed wife was not working , but she is highly qualified and capable of getting job .

Interim maintanance order passed after 6 months amt 10K per month ( being paid on regular basis) 

As of today we get proof from job portals that she is working. 

The case is pending at wifes cross examination pending mar 2015 , now can i file application for cancellation of interim as she is working and we have proof to show the same .

or Should we wait for her cross to complete which is in mar 2015.



Learning

 2 Replies

PAWAN (INDEPENDENT)     26 November 2014

Yes file recall application and remedies is also under revision if application rejected file documents of income and cross examine on that u may recover the amount as it was granted on false statement the wOrd is unable to maintain herself not delebrately Don't want to work

T. Kalaiselvan, Advocate (Advocate)     30 November 2014

If you had proof that she was employed and earning income, you could have gone for revision at that time itself, however, you can move an application even now before the same court seeking relief.


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