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dentist (dentist)     19 July 2009

How to avoid pay interim maintanance

In a divorce case filled by me court orderd me to pay interim maintainance of Rs 7500/-   pm to my wife.Arrears r now near 3 lakh .I  am not in position & also not wish to pay amount,what will be cosequnces ,how can i avoid it  .I hv not made appel & partly fullfilled order.

 5 Replies

Kiran Kumar (Lawyer)     19 July 2009

dear dentist better u pay it now.

u say u r not in position to pay it.....but later u ll ve to pay it all in toto.

moreover its ur petition, so its better advised pay it.

dont say u dont wish to pay it.....ur conduct will go against u only.

M.A.T.Ganesan (lawyer civil &family laws)     19 July 2009

nonpayment of alimony will result  in dismissal of matrimonial applications, such as divorce petition and it may lead to imprisonment, if any excution petition is filed


Dear ?

My observations to your querry as follows;

1. If u r a profesional then u must have hired a good Counsel to defend u against her S. 24 HMA. If court is in the view that a professionals wife should get pend. maint. @ 7,500/- then I am sure it (the Interim Order) may not have been based simply on your earning (income) it must have also been based on background of parties, status as well as qualification and employment potential of your wife. This I say as if u r a dentist then u may not have married someone off the road I suppose ! She must have been qualified and must be working before and during marriage and or must have the potential to get employment when litigation are going on between spouse ! There are various citations to these referencesto nulify int. maint in HMA The Act.

2. If the arrears are today amounting to some 3 Lacs then it surprises me to guess why execution petition from wife's side has not been filed till date? Suppose if after execution it states to be some 3 Lacs and as u say u have paid partly then u hv not much of an option being petitioner in a HMA SUit than to pay rest of sum to proceed with the main proceedings other wise anyay court may sine die your suit due to non payment of int. maint.

3. Even if u smartly try to withdraw your suit now when court sine dies procedings due to non payments then still u will be liable ot pay the arrears of the sine die period so not much of point not to meet rest of the arrears.

The basic question which I would like to ask u now is did u not find any fraud element anywhere to what she says in her W/s to your main pet. and or in her S 24 HMA or even perjury ingredients till date on either main suit or S. 24 HMA? If yes, then even if limitations period are over u may still approach HC and get the earlier order on int. maint. dismissed by first askign for stay of lower court proceedings.

Now, I donot know much of your whole case and not even sure of your name so I can't help u right now but above is what I feel are generalised principal to fight a case on merit which a good Counsel should have been told to u from day one now u r in receiving end due to any XYZ factors from any sides so I also feel there are lots of things that could be done but need very detailed synopsis of your case to rescue u on non professional fees front (as I m not a member of the Bar but a common man fighting some 9 cases put on me by my wife till date) otherwise there are some really great Ld. members of Bar here whom you may approach after due delegence they are experts in such matters and they can bail u out of these oversight situation.

All the best.
D. Arun Kumar, New Delhi

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The trick to avoid maint on a contested HMA case filled by Husband side is to withdraw his main suit the next day as dismissed as withdrawn ! But do it after calulating long term strategies called LIFE's JOURNEY without a WIFE now :-)

1 Like

dentist (dentist)     20 July 2009

What if i am ready for imprisonment,as to fullfill order i hv take loan that is also harrasment,why should i pay when they hv delayed case by transferring it her to there

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