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Interim maintainance argument

My wife file for Interim Maintaince(Criminal ) as a counter petition to my RCR after their 498 a , claiming that she is not working.But she is the working and earning a handsome salary of 50 k. My questions are :

1.Do we need to face any questions from the Court or from their lawyer in argument phase ?

2.If yes ,What are they? Also provide me the answers to defend myself.

3.I know information of her work place and have some documents(Form 26 A , Her project plan with an Email assigning her some tasks by their manager). Can i submit these to the Judge directly ?

4.Will the court order for Interim Maintainace and legal expenses , even after producing these , as 50k is more than enough to maintain herself ?

5.How long court will take time for Judgement of Interim Maintainance case and my main case of RCR?

5.It's 1.5 yrs i filed RCR ,but iam sure that reconicilation will not happen.Still Judgement has not come for RCR.When can i apply for divorce?

6.In the worst case , how much approx. maintainance money will the court order for ?(No kids and stayed for months after marriage)

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1 Replies

Atuliya (Student) 08 August 2011

This IM application is a time wasting tactic by the wife (her advocate ). Having said that an IM application is to be heard and settled first this is how the statute is constructed.

In fact apart from the fact that you have enough proof that your wife is working and earning decent salary you can argue that there is no fear that the wife wil be reduced to a state of vagrancy / destitution. Moreover you are prepared to take her back and the RCR petition is proof of your intention.

Thus, unless ofcourse your wife has good enough reasons to stay away from you there is no reason why the Ld Judge would want to pass an order of IM in her favour in fact she not get reular maintenance also.

Cheers & Good luck