Please consider this below:
1. Wife filed a case of 125Crpc in July 2014 demanded 30000 saying husband earn 1 Lakh.
2. Oct 2016 Court ordered that since Wife could not provide any income evidence but we assume even if husband do a daily wage, he would earn 300 daily, hence passed an order of Interim Maintenance of 5000/- from the date of application.
3. Arrear is now at 1.25 Lakhs
4. Husband could not re appeal the order within 30days due to certain reasons
5. Husband is now paying 5000+ 500 (Arrear) = 5500/- every month. He can’t pay more than this. . He can’t pay more than this.
6. Case is at the stage of Plaintiff/petitioner Evidence
Now We Want to know that:
1. Will the Case will remain at this same stage only until Arrear is cleared ? It’s already been 8 dates. (Please share any Rule/Law/Judgment in support of this)
2. If this is not true, how many more opportunities they can seek from court to proceed and submit evidence for final maintenance.
3. Since Girl is Post graduate and also left matrimonial home as per her own choice (Recordings submitted in Court, But Court not considered during Interim decision) Hence We will fight to get this 125 denied.
4. If Crpc125 denied, will those arrears 1.25 Lakh still stand and payable? If not denied, but amount is changed from 5000 to any other amount, will arrears be changed accordingly?
5. If Denied, Is there any provision for husband to recover the amount already paid Interim maintenance, which she do not deserve at first place.
How shall we now proceed to Divorce case? Both are parties are only willing to go through court settlement only.