Vinu (executive) 14 August 2012

Dv interim maintenance order

Dear all,

1.I have got ex-party interim maintenance order of Rs.10,000 with living right in matrimonial shared house.on 29/5/2012.what is the duration of this order?

2.So far no amount paid by them and now they went for appeal saying that i m leading a adultary life as i m staying alone in the matrimonial house with two girl kids. shall i file a case for this unwanted/immoral statment that disturbed my mind hardly.

3. Their lawer state that i have decerted him and we both are separated for a year so no need to pay the interim maintenance. The truth is he throwed me out any justice so he harrased me so many times (6 years married life). So please let me know what will be the final order for my Interim maintenance. Will it get no effect?

4)I am struggling with my kids without any monetary relief. but he says that i m earning Rs.25000 per month which is false statment. Actually i have started a business last year but not continued due to his physical harresment. Still trying hard to set-up the business but not got any satisfactory results.

Expecting your replies urgently as my next hearing is coming this week.

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4 Replies

Anish Thakur 7018812737 (advocate) 14 August 2012

dear querist,

if you had got interim maintenance of 10 000 rs per month.no matter he had gone in appeal,you are eligible from the date you get these orders in your favour and he had to pay it definetly,file application for the execution of these orders.interim maintenace means itself and state for interim relief so he had to pay it and if he is not paying you its amounts to contempt of court.feel free to call if any doubt.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 August 2012

Hi Vinu,

Just because he has filed a revision/appeal - your interim maitnenance does not get effected unless a stay is granted by the revisional/appellate court. You can file for the execution of such interim orders and in default thereof he can be made to go through imprisonment or his salary/property can also be attached.

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rajiv_lodha (zz) 14 August 2012

Moreover his pevision petition will be stuck till he pays the arrears..................talk 2 ur advo

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Vinu (executive) 17 August 2012

Dear all,

thanks. I have filed for the execution of order on26.6.12 mentioning the contempt of court. but the judge delays and took no action by saying that the respondent had filled application for getting stay.I got the information from my advocate that i need to appear in the appelate court on 30.8.12. He is running a successful business that has no proper income evidence ( comes under hindu joint family business). The property is our matrimonial house in his name that is under monthly loan.

So at this stage what may happen in the appelate court?