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manpreet (manager)     04 June 2015

High alimony granted in divorce

sir,

iot married in the month of march 2014 and she gone to parental home in july 2014 and filed 125 and she granted 2500 / month.   i  have filed divorce case in march and under section 24 high interim of 20,000 granted in may, can i withdraw the case and what will be happen if i not pay.



 8 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     05 June 2015

You need to challenge the interim maintenance order before the High Court.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

Challenge the order in the HC

advocate nitin kumar (lawyer)     05 June 2015

alimony and the maintenance has to be paid by husband to wife in case husband seeks divorce.

 

yes you can challange the desicion of district court in high court but then it will not make any huge difference in the amount you have to pay to the divorced wife as the district court itself might have decided the case on merit and the judge decides the amount of maintenance and alimony on the status and income of the husband or his family.

 

in case you do not want to pay alimony and maintenance to your wife then the court can order to cease your bank account/salary account, savings etc and the money shall be dispensed to the divorced wife accordingly.

 

so the best way is to approach the HC and get the stay on the alimony and maintenance (if possible) and appeal for lessoning the amount to be paid by you to your wife. consult a lawyer and talk about the expanses on the suit and if you feel like procceding with appeal then proceed as you please.

 

hope that helped 

all the best

manpreet (manager)     05 June 2015

thanks sir for your reply , she produces my bank account statement in the court from where she got , i dont know. i am geting my expenses and salary together and in bank statement there is mention only salary . i am having huge expenses . she called my company to get the proof of job and told she need in writing regarding my job . she was indulge in adultery and left the matrimonial home of his own . without arguments of my lawyer judgments was given of interim maintenace of wife and minor child. she is b pharmacy graduate and was doing job before marriage and conceal this during marriage . she had filed the 125 case on false allegations of wjich report is also given ,will that be considered in high court during revision.

manpreet (manager)     05 June 2015

can i file case againts the bank for giving my account statement without my consult.

sandykrish (Interested in Family LAW)     05 June 2015

You can't file it, bank would have done thorough due diligence before issuing any docs, so you better appeal in HC with strong proofs of her adultery and bring court into notice that she has deserted the home on her own. Collect her educational details, past work exp details if needed you can call for records. The only respite you get when you prove that your wife in adultery or deserting on her own. Think wise and move smart.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2015

@ Manpreet: Once you have filed a case, your withdrawing it right now would leave you to her mercy to get divorce in life.I concur that Rs. 20000/- is high Maintenance Pendente Lite, but challanging it would mean that the main case is stayed and you fight for HMA 24 only and keep paying maintenance for long. In your situation, I would rather like to finish the trial ASAP. May be put an application u/s 21B of HMA for speedy trial.

 

@ NITIN Advocate: I don't think you got the problem correctly. Also, there is no such law that maintenance has to be paid by husband on filing divorce. Maintenance Pendente Lite is gender neutral.

 

@ SANDYKRISH: Spouse can get bank statement of other spouse. No action lies against bank.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

advocate nitin kumar (lawyer)     06 June 2015

mr shonee i never said that the maintenance suit is NOT gender neutral, i was answering in the context of the problem since manpreet is working and his wife is not then obviously the maintenance has to be paid by husband (in this case manpreet)

 i guess you have not read my answer properly.

i have answered correctly and according to what really happens in court on the basis of my experiance and observations in the court cases and fitting to the needs and situation of the manpreet.

i do not need to use latin jargons and show off my knowledge of law to peoples here, my aim is to answer the problems of the peoples in very simple and lucid manner, so they can understand and help themselves.

and mister in delhi even the district family court (forget about HC) can order for seizure of bank/salary account of the person in case the accused defaults in paying maintenance and the money is lawfully dispensed to the decree holder and rest belongs to the accused.


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