Dear experts - In the contested divorce before the family court, wife's application for interim maintenance has been allowed by family court in the past. Now due to change of circumstances, I have filed an application before the court to modify the order citing her employment details along with some crucial documents. My query is -
1. Do I have to lead the evidence under S24 of HMA to prove that she is working? or should I merely argue on the application filed for modifing the maintenance order and court passes the judgement.
2. Is it mandatory to lead the evidence to prove that she is working? If so, under what circumstances.
Yes! you need to prove her gainful employemnt to avoid interim maintainance to her.But her income is insufficinet youneed to pay the balance interim maintennace to her till her salary increases or till she finds a decent or ginful employemnt. or till she remarries after your divorce.
If you want to put the order on hold, you must file an application for a stay. A stay is when the family courtdelays putting the order into effect for a short time. To ask for a stay, you must file an application for a stay with the Appellate Division.