not as of now (not as of now) 22 July 2013

Interim maintenance

Hi Expers,

My Interim Maintenance orders date is tomorrow, If judgement is not favour to me or / maintenance amount is too high, that i can not afford the payment.

Can i go to high court for appeal ?, under what sections is best idea ?.

I don't have any kids, she is employed during she filed for maintenance and when i got original proof, she resigned the job and joined the other company.

If court keep on working about the current working evidence, how many times we have to proof.

Her mother aged 55 working in private working and drawing 40000, and 24 yrs girl(my darling) educated dual graduate says she is not working.

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9 Replies

2BHelpfull (Other) 22 July 2013

court will look into the earning capacity of ur wife ,education qualification.

court is least concern with earning capacity of ur mother -in-law.

earning capacity of the both the party to the marraige is taken into consideration.

IF maintenance amount is too high.

THEN U CAN APPEAL THE SAME ORDER

FILE Alteration in allowance case U/S 127 OF CrPC.

1 Like

not as of now (not as of now) 22 July 2013

Can we get stay from HC for Interim Maintenance ?

Adv Archana Deshmukh (Practicing Advocate) 22 July 2013

Interim maintainance order is going to be passed under which law? i.e s. 24 hma or s. 125 etc

not as of now (not as of now) 22 July 2013

Hi,

Not Sure, she also filed crpc 125 for Rs.50000/- as maintenance and Rs.25000/- for interim maintenance.

Thank you

Adv Archana Deshmukh (Practicing Advocate) 22 July 2013

This is very absurd, you are contesting your case and you do not know whether it is under dv act or 125 crpc or any other law..... the remedy under every law is different therefore I asked.

not as of now (not as of now) 22 July 2013

Hi Archana,

I am poor at legal terms, now when you say DV Act i got it...it is under crpc 125, as i don't have any DV cases against me.

Adv Archana Deshmukh (Practicing Advocate) 22 July 2013

If the maintainance granted is excessive then, challange the order in the sessions court.

(Guest)

Agree with Adv Archana.

Adv k . mahesh (advocate) 22 July 2013

search this website indiakanoon for the working women court denying the maintenance

if you had already taken the payslip do not worry while you appeal in the sessions court file that evidence and try to find out the new company name and manager name and mention in the court about the recent devlopment and request the court to quash the maintenace