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Priya Yarlagadda (Student)     24 September 2017

Can we challenge interim maintenance order after 5years

Hi Everyone, Can you please tell me
1. Can we challenge interim maintainance order after 5 years of non payment? These 5years we got stay from high court.

2. What are the options available to file a appeal after 5 years on Interim Maintainance order?

 

 



Learning

 13 Replies

Sachin (N.A)     24 September 2017

More details required to answer:

Which point of the order you want to challange? 

Why is delay of 5 years?

What is the HC order?

Priya Yarlagadda (Student)     24 September 2017

 Want to challenge original interim maintainace granted which is 15k. later on we went for quash proceedings in HC. HC has given us stay  on all proceedings, it was never been challenged by the petitioner. After 2.5 Years HC dismissed the quash petition whcih was filed under limitation act and maintanability of DVC which was filed after 5 years of seperation of marriage. Then we appealed at Supreme court. Supreme court also dismissed the case along with the direction to the lower court that If i rise the plea the lower court shall allow the petition without influenced by the HC order. 
Later on we came to lowerr court and filed the fresh petition challenging the maintanability of DVC and modification of interim maintainance order.
This is how we got delayed for 5 years.

Now the other party has filed the petition to collect the arrears of interimn mainataince order.

So i want to know can we challenge the interimn maintanance order after 5 years. 

The facts of case: 
1. During cross examination petitioner agreed thta she stayed only 30 days with respondant and marriage was not consummated
2. Petitioner also agreed she is working at the time of filing interimn maintance and is continuing her job till today with a salary of 20k per month

Radha Krishna   24 September 2017

Originally posted by : Priya Yarlagadda
 Want to challenge original interim maintainace granted which is 15k. later on we went for quash proceedings in HC. HC has given us stay  on all proceedings, it was never been challenged by the petitioner. After 2.5 Years HC dismissed the quash petition whcih was filed under limitation act and maintanability of DVC which was filed after 5 years of seperation of marriage. Then we appealed at Supreme court. Supreme court also dismissed the case along with the direction to the lower court that If i rise the plea the lower court shall allow the petition without influenced by the HC order. 
Later on we came to lowerr court and filed the fresh petition challenging the maintanability of DVC and modification of interim maintainance order.
This is how we got delayed for 5 years.

Now the other party has filed the petition to collect the arrears of interimn mainataince order.

So i want to know can we challenge the interimn maintanance order after 5 years. 

The facts of case: 
1. During cross examination petitioner agreed thta she stayed only 30 days with respondant and marriage was not consummated
2. Petitioner also agreed she is working at the time of filing interimn maintance and is continuing her job till today with a salary of 20k per month

Delete your post immediately.

Dont share your information with the above person.

https://www.lawyersclubindia.com/forum/Women-be-aware-of-this-fraduster-154329.asp

Siddharth Srivastava (Advocate)     24 September 2017

Yes you can challenge the interim order in appeal if high court had stayed the proceeding and accordingly you can ask for condonation of delay explaining the delay. You can also ask for alteration of order in the light of cross examination of wife. Consult your lawyer with details.

Sachin (N.A)     24 September 2017

Originally posted by : Priya Yarlagadda
 Want to challenge original interim maintainace granted which is 15k. later on we went for quash proceedings in HC. HC has given us stay  on all proceedings, it was never been challenged by the petitioner. After 2.5 Years HC dismissed the quash petition whcih was filed under limitation act and maintanability of DVC which was filed after 5 years of seperation of marriage. Then we appealed at Supreme court. Supreme court also dismissed the case along with the direction to the lower court that If i rise the plea the lower court shall allow the petition without influenced by the HC order. 
Later on we came to lowerr court and filed the fresh petition challenging the maintanability of DVC and modification of interim maintainance order.
This is how we got delayed for 5 years.

Now the other party has filed the petition to collect the arrears of interimn mainataince order.

So i want to know can we challenge the interimn maintanance order after 5 years. 

The facts of case: 
1. During cross examination petitioner agreed thta she stayed only 30 days with respondant and marriage was not consummated
2. Petitioner also agreed she is working at the time of filing interimn maintance and is continuing her job till today with a salary of 20k per month

 

Your ground for delay in challenging the impugned order is strong and you can file the appeal.

But i will recommend you to first file the application of modification of order in trial court

Moreover, you can file a complaint case u/s Section 210 in The Indian Penal Code. if she succed in getting maintenance order by hidding her employment details

Adv Radhika Mehta (Advocate)     25 September 2017

You can challenge the interim order in the High Court after sufficiently explaining the delay.  There is no time limit to file a Writ against an interloucatory order. 

However i would strongly advice you against filling the Application for Modification as advised hereinabove as that means you have accepted the order but now challenging the same on account of changed circumstances. 

Priya Yarlagadda (Student)     25 September 2017

Thanks for sharing the details.Also can you help me in understanding the below point.

- the petitioner has filed an MP for recovering the entire arrears amount through attachment of property. And how can we defend this MP till we file condoned delay on the main interim maintainance petition

Adv Radhika Mehta (Advocate)     26 September 2017

Those are different proceedings. You can always appear and mention that the Interim Application is being challenged by you. So its advisable that you challenge the Interim Order asap. 

Dar Mohsin (Advocate)     26 September 2017

Interim maintenance order can not be called interlocutory order to fall within bar created by section 435(4)(a)......

manoj   27 September 2017

your query will be clarified on payment of cost. call me at cell no 8686159292

manoj 

advocate

 

Master Warrior (AOR)     27 September 2017

Originally posted by : manoj
your query will be clarified on payment of cost. call me at cell no 8686159292

manoj 

advocate

 

Are you really that bad of an advocate that you have to scroll free forums to try and find clients?
Sad

Rishi kumar   27 September 2017

Hey, 

master warrior, I was about to write just that.

Nitish Banka (lawyer)     07 January 2018

Interim Maintenance Arguments important judgments

If you are from the Husband side and your wife is capable of earning and having good qualifications and if you are unemployed then how will you defend the interim maintenance case  filed by wife.

Here are the few judgments which you must use to fight interim maintenance cases  these judgments are handy.

Image result for interim maintenance

Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000 (4) MPHT 457 spouse who is well qualified to get the service immediately with less efforts are not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose.

In Sanjay Bhardwaj & Ors. vs The State & Anr.  wherein while considering the provisions relating to maintenance under The Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and other prevalent laws like Hindu Adoption and Maintenance Act, 1956; Hindu Marriage Act, 1956 and Section 125 of Criminal Procedure Code (Cr.P.C.), it was held that, “a husband is supposed to maintain his un- earning spouse out of the income which he earns. No law provides that a husband must maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell ask husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both claimed to be gainfully employed before marriage”.

In Sakarben Shambhubhai Rabari & vs Shambhubhai MasharubhaiRabari  while   fixing   the   quantum   of  maintenance,  the  Court  has to take  into  account  not   only   the   needs   of   person   who   claims  maintenance   but   also   the   capacity,   status,  commitments and the obligations of person who has  to pay it. If the husband has to maintain other persons   like   his parents, etc.   reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary   manner.   The   party   who   has   to   pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors   is   to   be   done   by   the   Courts without making an emotional approach to the problem. The court shall have to keep in mind that what is to be provided is the

maintenance and it cannot have saving element in it nor is it the purpose of the legislature   to   put   the   claimant   in   a   luxurious position. The definition of maintenance given by the Act   makes   this   position   amply   clear.

The Hon’ble Supreme Court in Manish Jain Vs. Akanksha Jain held

The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.

By-: Advocate Nitish Banka

9891549997


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