Interim maintenance
Magee
(Querist) 19 May 2014
This query is : Resolved
Hello Adviser,
Finally my DV case first hearing completed today. My husband not come in Court, but he sent his lawyer, his lawyer file a VAKALATNAMA.
The Judge give Next month hearing date.But i have question in my mind ?
1. Why my husband not come in Court.? court already sent him notice.
My lawyer said in next hearing we are file Interim maintenance application . but now i don't have his salary slip , but i am given court his office address . Can court ask him his salary details or we need to be provide in court ?
Pleas advice.
Thanks,
V R SHROFF
(Expert) 19 May 2014
what ur husband would have done if comes to court??? HIS ACTION IS
V.P. ALREADY FILED, SO HIS APPEARANCE RECORDED.
U HV TO PROVE INCOME
Devajyoti Barman
(Expert) 19 May 2014
1. He need not be physically present nor fresh notice is to be given.
On the next date you can file interim maintenance and ask for the same quoting his probable income. Let him refute it by producing his salary slip.
If he does not then adverse presumption will apply against him.
ajay sethi
(Expert) 19 May 2014
1) husband presence not necessary if represented by lawyer .
2) apply for interim maintenance on basis of his income as per your knowledge . let husband deny and produce his salary slip
Rajendra K Goyal
(Expert) 20 May 2014
Physical presence of your husband is not required,
Agree with the experts.
a
Guest
(Expert) 20 May 2014
You cannot expect the court to issue direction at its own to your husband to submit salary slip, unless specific request of your lawyer is accepted by the court. Otherwise, you have to make efforts to bring proof of his income depending upon your request for specific amount for grant of final maintenance. However, for grant of interim maintenance you can mention approximate income of your husband from all the sources of income.
K.K.Ganguly
(Expert) 20 May 2014
Ask your advocate to file a petition praying for a direction upon the employer of your husband to produce his salary details.
T. Kalaiselvan, Advocate
(Expert) 20 May 2014
Well advised by experts on the issue, I agree with their views, nothing more to add.
