amit 13 July 2015
Hi all,
I filed RCR u/s 9 HMA, wife applied to interim maintenance u/s 24 HMA.
The judge passed the interim maintenance even without taking into account my payment capacity. I work on contractual basis. So there is no guarantee of income.
What do I do in this case?
Does ADJ require payment of 1st installment/ deposit 50% maintenance amount with the Court before admitting the appeal?
Clarify.
saravanan s (legal advisor) 13 July 2015
go for appeal against the interim maintenance order
Adv k . mahesh (advocate) 13 July 2015
stanley (Freedom) 13 July 2015
@ Author .
1. Please specify what was the interim maintenance ordered .
2. Whats the salary you earn .
3. Is your wife earning .
4. yes you have to deposit 50 % of IM ordered for appeal .
5. until and unless you present all facts your query would be difficult to answer .
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 July 2015
file an appeal/revision before High Court/appellate court against the interim order and if the court directed to pay 50% then deposit the same and fight the appeal on merit with the help of lawyer.
Feel free to Call
1. No use going to HC for appeal. HC wont readjudicate such IA.
2. Such IA holds good from period of 1 year from date of application, your wife at end of each year from date of application of such IA should file new IA petition and you need to submit your reply to such IA petition each year, then cout will decidie on IA each year. This is the exact legal procedure when it comes to IA, ie interim maintenance which nobody has suggestd above.
If there is no income, dont go court. Just change address and stay somewhere where nobody can trace you. Simply your parents will have to face problem if you stay with them as you dont have any job you dont have money, and you naturally wont pay any money to wife, court will subsequently issue warrant against you and police will roam to your last known address, and the last known address is that of your parents, so change that place and go stay in some friends room and stop attending to court.
Who put case? your wife. Right. let her go to court endlessly, just dont get caught and lead life elsewehre and dont let your wife side know about your whereabouts, no need of worrying about court at all. Your wife will roam to court for 7-8 years and then finally one day she also will stop roaming to court. There ends the alimony matter.
Understood?
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