About interim maintenance
chander prakash kayat
(Querist) 06 September 2016
This query is : Resolved
sir i am petitioner in section 9 i filed a case against my wife in july 2013 ,after she left me in june 2013 after that she filed 1st complaint in women commission , i joined there also but she was not come in the court instead her father and lawyer.after theat she filed another complaint in caw cell ialso joined there ,after that she file complaint in pwdv act karkardooma court in this court ms principle judge mm court decided interim maintenance 4000 for her and 2000 for her child also i accepted in between her lawyer also file section 24 application in the family court in my case of section 9's reply with that .
so now family court judge also pass an further interim maintenance order as rs 6000 for her her and 2000 for her child
so now my question is when i filed section 9 case against my wife there is not single evidences filed by me and my wife also ,in april 2015 i withdraw my section 9 case in family court because she was not interested to join me then i file divorce case sir my further question is if mm court already passed an interim maintenance order to kya family court bhi section 24 me order pass kar sakta hai ki nahi jabki me already section 9 withdraw kar chuka hu kyunki section 24 bhi to meri wife ne mere sec 9 ke case k sath hi to lagai thi to kya section 24 ki application bhi pending rahegi jabki mene section 9 pehle hi withdraw kar lia argument se pehle hi.
sir meri pareshani ye hai ki me 6000 k hisab se ab tak 168000 pay kar chuka hu meri wife ko ab meri wife ne 8000 ke hisab se execution file ki hai family court me ab waha judge madam ka kehna h ki ya to 6000 k hisab se jo apne pehle pay kia wo to de dia ki nahi mujhe nahi pata me us order ko nahi manti jaha jana h jao kahi se bhi lao jan 2015 rs 8000 ke hisab sare payment clear karo 10 october tak pay karo nahi jail jao.sir pl help me what can i do now pls help me
as soon as possible sir with sufficient judgement for my help.
Ms.Usha Kapoor
(Expert) 07 September 2016
Dear Client,
What is yo0ur salary? She will get 1/3 rd of your salary toward her maintenance under section 25 permanent maintenance and for the child also you'll've to pay maintenance. . For paying additional sum of Rs.2000 your hesitating so much. You keep in mind that in these days of High cost of living and high inflation Rs.8000/- is not much. So be prepared to pay her Rs.8000. If she has at least a degree and average or intelligent she may find some gainful employment and take care of her child also. But as far as the child is concerned you'll've to pay pay maintenance to her until the child is 25 years old in case she is a daughter or until 21 years old in case the child is a son.
Rajendra K Goyal
(Expert) 07 September 2016
You should go for appeal if not satisfied with the decision.
In appeal court may not give relief.
Rajendra K Goyal
(Expert) 07 September 2016
Repeated query:
http://www.lawyersclubindia.com/experts/About-interim-maintenance-615246.asp
R.K Nanda
(Expert) 07 September 2016
Repeated query.
Kumar Doab
(Expert) 07 September 2016
Why to repeat?
Raj Kumar Makkad
(Expert) 09 September 2016
No reply against the repeated query even from my side.
Dr J C Vashista
(Expert) 10 September 2016
No reply for repeated query.
In order to minimise abuse of this platform experts should avoid such query.
