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jaig   14 October 2016

Interim arrears revision if nri husband moves india back ?

If an interim maintenance is already ordered, along with arrears, and husband comes to work in India, the maintenance can be asked to adjust based on his current income, can the same be possible with arrears ?

The context is : Me (husband) is NRI in USA, earning about 150,000$ per year, short marriage (4 months), wife fled and working as "senior corporate manager" in Mumbai (she is MBA, 6 years exp), and I expect salary should be 20 Lakh/year for Mumbai. Before marriage her salary was admittedly 15 lakh.

I have contesting the interim maintenance strongly, as my salary in USA is equivalent to only 12-14 Lakh salary in Indian metro (based on cost-of-living reports), she is enjoying a more lavish lifestyle than in USA, uploading photos of resturants, partying regularly in Facebook etc. Funny thing is, yet she claimed jobless and starving in DV-petition, while she was uploading the pics of her pubbing/partying in Facebook.

Still I need to prepare for the worst, if interim ordered against me I can happily take transfer to India as I always have job offer in India with salary not more than twice her salary. If court is blind to the huge difference in cost-of-living between India and USA, and uses forex rate and 1/3rd rule to calculate maintenance (Which I  think is only applicable to Indian household), no court can pennalize an Indian citizen for coming and taking equivalent job in his own country. I'm alawys Indian citizen.

So thats's about the story. My question is about the arrears in DV interim. What will happen to the arrear ? Suppose in worst case a huge interim is ordered against me, say 50K per month, and I pay only for 2 months and meanwhile take transfer to Indian metro and file change of circumstances. In that case WILL THE ARREARS WHICH WAS ONCE CALCULATED BASED ON USA INCOME STILL BE BURDEN on me ? especially in those rules that asks 50% arrears before appeal etc.

This is not question of huband claiming jobless, or taking lower-than-capacity job to avoid maintenance. My equivalent Indian salary (I guess about 30Lakh) would give me a better lifestyle in India than USA, yet in absolute figures (what the court sees) not higher enough for interim. If a Indian citizen who comes back to work in India after interim order, can the arrears be still applicable or liable to be revised based on current income in India ?


 4 Replies

Vibha   14 October 2016

You can file change of circumstace to modify maintenance. Pending arrears won't be adjusted, only maintenance going forward will be adjusted effective from date of application.

Vibha   14 October 2016

It is very unlikely for wife to get maintenance when she was working with good salary in past and has MBA. No children and short marriage also help you.

Is your case in Delhi or Mumbai? Good precedence exists in Delhi courts as well as Maharashtra courts to reject maintenance (or order small amount) in such cases. In many other states, lower courts act unpredictably so you may need to go to HC with appeal if some unfair order is passed. 

I agree with autohide, it is not a good idea to give up career in US with $150K package for this case. 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     14 October 2016

While awarding interim maintenance or maintenance, the courts will take the earnings of wife and also earnings of the husband and their lifestyle into consideration.  If the husband is working abroad like in your case, they not just mechanically use conversion table of foreign currency into Indian one, but his earnings in foreign currency as well as his expenses taking into consideration of the cost of living there.  So, on that particular point, you calm down and explain your position to the court clearly.  Further, to defeat her interim/final maintenance, you should prove the sufficient documents about her earnings and not just facebook photos.  That your advocate can get through private eye.

Samarpan (Legal advice & aid cell-All India Lawyers Union, Delhi.)

Ashwin   17 April 2018

thank u sir

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