Naresh Kumar (XYZ) 31 March 2015

Interim maintenance

My first counseling is over. The counselor asked me whether you are willing to take her back for which I answered "YES" also mentioned that she deserted me, but she refused to come and join me at matrimonial home but she is ready to live with me at her native place for which mediator said that is not possible and also he said you are giving excuses.

Counselor asked us to discuss over the issue and find a solution and he has given another date for counseling.

I had discussed with my wife over the phone and she bluntly refused to live with me also she has used bad languages. I have recoded this call on my cell phone. Can we use this conversation as evidence to deny interim maintenance to wife.

Thank You in advance.

Reply Follow

5 Replies

Rajesh Kulkarni (Advocate) 31 March 2015

Mr. Naresh,

Maintenance is subject matter of proceedings, infact yes she can has right to claim interim maintenance.

Let her file petition to that effect and you will be getting opportunity to file counter as well.

Rajesh Kulkarni

Advocate

07799116901

Naresh Kumar (XYZ) 31 March 2015

Hi Rajesh Thank you. In fact she has already filled interim petition for which my advocate has already filed objection. My question is can I use phone call recorded conversation as proof.

N R Dash.. (Advocate) 04 April 2015

Yes you can if it is relevant. Let your counsel listen to it first to extract the facts from it those could be vital as per law. If the conversation is irrelevant, better not produce it.

Born Fighter (xxx) 04 April 2015

Interim maintenance will be decided based on your income /earning capacity, and will not depend upon the audio recording you have. Maintenance gets decided on financial docs you submit or any proof that your wife submits to the court about your earnings.

Is your wife working / capable to earn...........if yes then she will not get maintenance if her earnings are sufficient to maintain herself.

Maintenance can also be denied to your wife if you prove she deserted you without any valid reason.

Your lawyer will guide you on this in detail

N R Dash.. (Advocate) 07 April 2015

She refused to stay with you is not a sufficient ground to deny maintenance. You have to prove that she voluntarily deserted you. Audio may be included at the time of evidence only not while deciding for the interim maintenance.

Interim maintenance is a part relief till the final maintenance is granted and the amount you pay now would be subtracted from the final amount. If you have any favourable grounds, you may challenge the order in the HC & put a stay on the order.