Originally posted by : red
Thank you sirs....For background,I have put the divorce case 24 months ago following which wife claimed maintenance and she was awarded interim maintenance.Following her appeal to High court,my advocate has advised not to give the maintenance anymore and to file appeal in the Supreme court as otherwise they will drag the case endlessly.
2 Queries sir and will be grateful for your answers.
1) What`s the approximate time period for the hearing and disposal for interim maintenance cases in Supreme court?
2)Once the divorce case in the lower court is over and if I lose,will the lower court automatically allot maintenance to the wife or wil she have to file a separate petition for final maintenance.
Dont know why are you so worried about interim maintenance, its just interim alimony man.
Not permanent, until the case comes to an end its a momentary relief for your wife. There is no approximate period as such are not prescribed in any law book. I think there is no need of going to supreme court for lessening the IA awarded.
Instead go for speedy proceedings in the family court about your divorce, already 2 years over, ask the lawyer to take shorter dates, finish the case.
By the way you can always as the judge to give you time to cough up money for IA awarded.
What do you mean by if you lose the case? Like if you dont get divorce? If you dont get divorce, go to high court, appeal there. Family court wont tell you pay money if divorce petition itself does not stand. In turn you can as I said go to high court, and in the mean time can ask for refund of money that youve already paid to her.
As far as maintenance goes, wife has to file application for alimony each year,