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 ?