Madhu 25 July 2016

Maintenance

My husband earns more than double my salary in excess of 200000 per month. He has thrown me and small child out since birth. Not provided anything since then and even I didn't bother. After 4 yrs I claimed maintenance and it is only 15 K per month, don't even provide for school expenses. I want to take break quit my job and give 100% time to child. I need at least 50% of his salary to sustain myself and child. What chances are there once appeal in high court?

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9 Replies

Madhu 25 July 2016

Just to add, he was caught with a man. He is a gay and have no attachment with child or me. I have no proof and he didn't want me to be around or I would have made proofs. An appeal to court to send him to a psychiatrist doesn't ensure his admission of fraud marriage. I just want to ensure my and my child financial security now.

saravanan s (legal advisor) 25 July 2016

you can file a change in circumstances petition in the same family court that offered you maintenance

shrishriml (service) 25 July 2016

I think you can ask for right to residence and that way claim money for rent of your house as well. Please check with legal experts .

Madhu 25 July 2016

I live in my own house, but have to pay 60000 EMI per month. The rental value of house is 30000 per month. He is not paying anything and has been buying multiple properties from his income for last 4 years. My question is that can i appeal high court to grant 50% of his salary as maintenance and then agree to produce my company relieveing letter? I cannot risk leaving the job first and then waiting for court to give orders. I have a bad health now taking care of child since birth all alone, I dont want to work. Can i be forced to work when my husband is earning so much and havent contributed anything in last 4 years?

shrishriml (service) 25 July 2016

Max maintenance that one can get is 1/3rd of the husband s net income( this is for non working wife) and you can claim right to residence where he might have to provide you with a house to stay. I am also sailing in the same boat, and sadly maintenance laws are very poor especially for working wives. We end up taking complete responsibility of the child.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 25 July 2016

Well you must approach the court seeking modification of the maintenance order and highlight all of the facts that you have mentioned above. APproach the court with an approach oriented primarily on your requirements rather than your husbands luxuries.

It would help more if you mentioned the nature of the proceedings where the maintenancw was granted.

Augustine Chatterjee

Advocate & Solicitor at Law

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Madhu 25 July 2016

Thank you Augustine, This is interim maintenance, granted without any proceeding, no arguments. Just based on documents and I am sure the 100 page actual expenditure receipts provided by me are not even read once. Actual case hearing hasn't even started yet.