Interim maintenance decree awarded by family court
Hitesh A Shah
(Querist) 21 February 2013
This query is : Resolved
Hi
My wife had left me on December 8, 2011 and in february 2012 she had filed for interim maintenance and permanent maintenance. me and my parents have told her ten times to return home The basic reason she has left me is my illness. As per her there are some small lesion in my brain and spine which needs to be operated. However the surgery is risky and hence i am doing alternate theraphy and i am also improving. The same facts were also produced before the family court that i am improving and she has deserted me in my illness.
For claiming the maintenence she has made false allegations that she has problem from in laws and sister in law.
She is yet to produce the evidence. But even then Court has ordered to pay Rs. 7000 p m as interim maintenance pending disposal of permanent maintenance. She do not want to take divorce neither do i.
However i do not want her to pay even a single penny as she has deserted me in my illness. She yet to produce evidence in the court.
Pls tell what should i do in such crcumsatnces (i) will the order held void if she is not able to produce evidence and hence i will not have to give her this maintenance (ii) Can i file restitution of conjugal rights (iii) Can i appeal for a review petition in the same family court before the same judge (as i am not in position to give her this much amount per month) my monthly average salary is Rs 53,000 but her lawyer has faslely misled the court that my salary is Rs 68,000 p m by showing last year's return which showed my annual income of Rs. 687000 (iii) Can i appeal in the higher court (if i can then waht is the time limit by which i can appeal and what is the procedure for that).
amrit
(Expert) 22 February 2013
you should prefer Revision in this matter, but there are very few chances of the interim maintenance to be reduced by higher court as the Amount of 7000/- pm does not appear to be excessive against Rs. 53000/- pm. You can do a few things in order to bring the carry home salary below 10000/- if you have not tendered any salary slip yet. get a similar maintenance filed against you by your parents and let them claim maximum maintenance, avail maximum housing loan and fix instalment at the higher end. Prove in the court that you are physically very sick and need at least 5000-6000 for regular medical check-ups and medicines. if you can prove these expenditures, then you can pray for stay on the family court order in revision.furthermore, prove the income and means of your wife, and cite Supreme Court Judgment in the matter of Bhagwan Dutt and stress that the means of the wife should also be taken into consideration under this citation. and without doubt hire a lawyer having an analytical mind.
