akhil jain (merchandiser) 20 May 2012

Dv case interim order 80% of my salary

dear friends ,

i was married in feb 2003 and have three small children .

i am a salaried person with net salary ( after tds ) of rupees 54000/- , on 15th may 2012, i have been ordered to pay interim of rupees 40000/- in the dv case filed by my wife , i do not have this kind of money , what should i do now. i had submitted my savings bank statement showing my salary , my credit card statements , and my wife admitted in court that i have been paying regular expenses of rs 20000 /- already towards fees and medical expenses of my children , my wife and children live in my in laws house in greater kailash part one and she is engaged in business of property dealing with my mother in law , but all their earnings are in cash and they have all given affedevits in court that they have zero income and savings .

i have been living separately for last three years and had filed for a divorce in june 2010 , in retaliation my wife had put a dv case on me and my parents in march 2011

pls guide what options do i have now

regards

akhil jain

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10 Replies

Anis (Asst. Manager - Sales) 20 May 2012

Challenge the judgement of the lower court in a court higher than that and get a stay on the order. Take out the judgements of Justice Dhingra as maintenance in DV case can be decided by following the rules laid down under Sec.125. The court will have to take all your liabilities also before deciding the maintenance. Challenge it in a higher court and Insha Allah things will be brought back on track.

(Guest)

this is how we earn and loose.

we buy house but can not live.

we have no right to live as we want.

being husband is a sin.

rajiv_lodha (zz) 20 May 2012

Move to session court for appeal! Very Many chances of getting success!

Rajeev Kumar (Lawyer/Advocate) 20 May 2012

Challenge order of the court to higher court.you will get relif.

Ranee....... (NA) 20 May 2012

does not court follow evidence while giving such orders?

Deep Narayan (learning) 28 May 2012

I think first file a review petion on the lower court only.

if the review petition gets rejected then move to upper court

(Guest)

Case put in 2010 and later on wife files DV case.

But till then in family court have you paid any money as interim alimony?

If yes, then she cannot claim money under two different courts.

If you have not paid money so far, then you have to cough up money, thats what I was told by my lawyer.

I had paid off all balance IA in family court already, so additional claims cannot be made, even if made, can only ordered proportionatley.

Originally posted by :akhil jain
"	dear friends , i was married in feb 2003 and have three small children . i am a salaried person with net salary ( after tds ) of rupees 54000/- , on 15th may 2012, i have been ordered to pay interim of rupees 40000/- in the dv case filed by my wife , i do not have this kind of money , what should i do now. i had submitted my savings bank statement showing my salary , my credit card statements , and my wife admitted in court that i have been paying regular expenses of rs 20000 /- already towards fees and medical expenses of my children , my wife and children live in my in laws house in greater kailash part one and she is engaged in business of property dealing with my mother in law , but all their earnings are in cash and they have all given affedevits in court that they have zero income and savings . i have been living separately for last three years and had filed for a divorce in june 2010 , in retaliation my wife had put a dv case on me and my parents in march 2011 pls guide what options do i have now regards akhil jain	"