Above advices are wrong and misleading.
>> The advices given were absolutely correct and true as per the established Law.
IA ordered holds good only for 1 year. Search judgements relating to this as it is well established fact.
>> We would like to know this fact via you. Kindly share such judgments for HMA 24 with us, we would feel privilged.
If you have quams about IA is more, you have to give application under 124 crpc stating change in circumstances to reduce IA with suitable information lke change in job, lost job, fell sick and not able to work etc.
>> Again, 124 CrPC is a seperate Code and it cannot be filed in proceedings going under HMA. @Renuka Ji --> Please read HMA before giving such advise.
Then Family court itself will re-adjudicate the alimony it fixed.
>> Maintenance and alimony are both different aspects in HMA. If your wife proves cruelty (if she has filed the case), she will be granted alimony which depends on judge's discretion. Maintenance can only be reduced by higher court. Family court has no power to review its order as you have already filed revision in high court.
And balance can be recovered for only 1 year pending. Google same judgements or look for my old posts on maintenance.
>> There is no mode of recovery in HMA, although there are some cases where illegally recovery has been done. The main point is If he does not pay, his defence will be struck off.
This procedure be followed until cases run. If she wont file IA application after 1 year, no need to pay. She should ask, only then court can ask you to pay, she wont ask, you need not pay.
>> There is no 1 year clause anywhere in HMA. Straightforward act is if she files for section 24 and she wins any maintenance, he has to pay else not.
Cases like divorce will go on for decades, court cannot fix same amount for entire period.
>> Divorce case in family court has shelf life of almost 3 years. Appeals have no time, it can linger on to decades.
There will be change in circumstances for both husband and wife.
>> That is true and maintenance can be increased if income of husband increases, but thats very rare and depends on how cases are fought.
Like husband can ask for reducing alimony, same way wife can also ask to increase alimony both are left to discretion of court based on merits of case.
>> Again you are mixing maintenance and alimony here. Please read the bare act for more understanding.
