Interim mainteinance order
Hercules
(Querist) 17 August 2012
This query is : Resolved
My wife filed for divorce.She is working and earns around 20000 thousand per month.
We have one child 4 years who is with her.
She has filed application for interim mainteinance and the judge granted interim for both my wife and child for Rs 7500/-pm
even though she is working. i have lost my job and since 2 months jobless.
I am in the middle of a more serious problem because of the interim mainteinance order
and would request you to guide me on the following.
My wife filed for recovery of dues of the interim maintainence and I received a summons from the court. On the due date I went to the court. My lawyer told me to arrange for some money so I could make part payment. I made a mistake, I met my wife’s lawyer and told him I am presently jobless and cannot pay the entire amount now and will make part payment. I than came home and arranged some money and went with the money to the court in afternoon, made application for part payment and appeared before the judge. The judge told me he has made an ex-parte order against me. I believe my wife’s lawyer must have done this purposely.
What should I do now with respect to following.
1)Appeal in the High court against the interim order or what is the best alternative available to me in the local court.
2)My wife has filed a 498A against me and my old handicapped mother who is 75. One of my relatives is a witness as she had came to our house to solve our matter.How do I get 498A solved.
3)My wife’s lawyer is demanding 50 lakhs to remove the 498A. We only had some
household issue. My wife was not ready to stay with my mother. I am ready to accept her but she is not ready to come and insisting on divorce. All my efforts to get her back through relatives and acquaintances have failed. Should I continue to fight in court or ask her lawyer to settle it by mutual consent by a particular amount. I also have a small son who is 4 years, I am ready to bear his expenses till he is 18.
4)Is my wife entitled for any final amount after the divorce as she is working in an ICSE school in senior section earning 15-20 thousand per month. Most probably she may be marrying again.
Thanking you sincerely and awaiting your responses.
ajay sethi
(Expert) 17 August 2012
50 lakhs is ridiculous amount .refuse to pay . tell her she can have divorce but you wont pay . that you are ready to go to jail if necessary. continue gfightig the case till they come to reasonable settlement .
as fras interim order is concerned merely because your are jobless does not meant That you cna wash your hands off responsibilites of maintaining your child .
you can make application for modifcation of order on grounds that you are jobless and wife earning rs 20,000 per month
Hercules
(Querist) 17 August 2012
Thank you very much sir for your reply.
can you please guide on
1) can i appeal against the interim order where ex parte order has been granted in high court
2) how do i get rid of 498A
3) Is my wife entitled for final amount after the divorce. I am ready to bear the expenses of my child.
Devajyoti Barman
(Expert) 17 August 2012
1, File Revision either in the sessions court or the high curt for giving you a chance for contested hearing after setting aside the ex parte order.
2.Id you have got bail then nothing to worry, it would die its natural death during trial.
3. Do not yield to extortion demands. Fight the case on merit. If you are jobless and she is earning then apply for alimony u/s 24 of HMA.
4. Unlikely.
Hercules
(Querist) 18 August 2012
Thank you very much respected sirs for helping me.
