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eswar kumar (des)     14 June 2016

Interim maintenance is very huge -revision in hc

Dear all,
I have applied for divorce and my wife is contesting that. she filed interim maintenace (24 hma ). Currently i am job less.
so,My wife didnt submit  proof for salary slip  or any properties .in real, I dont have any properties.but i have worked in abroad(for  3 years).
based on this Judge order to pay 20 thousands to my wife per month and arrears for 6 months 1.2 lacks. 
It is very huge amount to me. I can't pay this much. I can pay upto 7 thousands. Shall I go for high court or session court on this? 
is there any benefit if i go for revision in HC/session court on this interim maintance.?

Thank you



 9 Replies

Vijay Raj Mahajan (Advocate)     14 June 2016

Firstly order is passed by Family Court, at District Court level; any appeal or revision against the order shall lie in the High Court only.

Secondly the presiding judge has taken in account the documents placed on the file with regard to your income for previous 3 years or so and even if you are presently unemployed he considered that you are capable of earning even now that you were for previous years whether in India or abroad. The income and earning capacity of wife would also have been taken in consideration.

A revision in the High Court may serve the purpose to minimum as the High Courts usually don't interfere in the order of the subordinate court specially in the interim applications unless there is infringement of law or legal process in the order and the subordinate court has not acted within its jurisdiction to decided the issue that ought to be decided by it, in other words, causing irreparable losses and extreme injustice to the party.

In your case the High Court may reduce the quantum of monthly maintenance by few hundred/thousand rupees but will not reduce the period (i.e. from date of her application) for which you have to pay your wife.

1 Like

eswar kumar (des)     14 June 2016

Thank you Vijay sir and Ginjare sir. 

It is not ex-parte . I presented with proper statments /arguments infront of hon'ble Megistrage of Senior Civil court.

eswar kumar (des)     14 June 2016

Thank you Vijay sir and Ginjare sir. It is not ex-parte . I presented with proper statments /arguments infront of hon'ble Megistrage of Senior Civil court.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     14 June 2016

1) Agreed with the above stated opinions of experts.

 

2) At the time of contest, u must have submitted all ur income statements, based on which only the court must have passed orders.

 

3) Though u had the earning capacity, ur present temporary unemployment might only to avoid alimony to wife, the court should not think.

 

Mrs. Bakshi (Social Studies Reader/Worker)     15 June 2016

Originally posted by : eswar kumar
Dear all,
I have applied for divorce and my wife is contesting that. she filed interim maintenace (24 hma ). Currently i am job less.
so,My wife didnt submit  proof for salary slip  or any properties .in real, I dont have any properties.but i have worked in abroad(for  3 years).
based on this Judge order to pay 20 thousands to my wife per month and arrears for 6 months 1.2 lacks. 
It is very huge amount to me. I can't pay this much. I can pay upto 7 thousands. Shall I go for high court or session court on this? 
is there any benefit if i go for revision in HC/session court on this interim maintance.?

Thank you

Above all advice corrent and wrong. 1.2 lacs due? Bring back wife.  Nothing happen. Give 100 rs per day, pocket money, montly 3000 only. Going court high court no use. High court wont less your IA, pay half before entry to HC, 60000/- no reduce, perhaps increase IA, rest ur choice.

Born Fighter (xxx)     15 June 2016

It seems there was a proper argument and presentation of relevant statment b4 court. Why are you unhappy with the order of 20kpm ??? If you dont know the reasons urself then how will the HC reduce the same. 

 

What i mean to say is has the Family court not considered any docs/evidence produced by you OR did ur lawyer not argue properly OR where did you think the court has done injustice to you.................by merely stating you find 20k high will not help .

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 June 2016

you have posted many  querries , so what is the current situation.

fight it at lower court properly otherwise it will be life long cancer

give details of  court  

Zeeshan (Hidden)     16 June 2016






Above all advice corrent and wrong. 1.2 lacs due? Bring back wife.  Nothing happen. Give 100 rs per day, pocket money, montly 3000 only. Going court high court no use. High court wont less your IA, pay half before entry to HC, 60000/- no reduce, perhaps increase IA, rest ur choice.

@ ms. Bakshi Are you a judge ? Do you know what are you saying ? This is a legal website madam. Querist already filled divorce. There may be some ground. Why he bring back wife ? Let the judge decide. @ eswar kumar You can go to upper court. Let it decide either to increase or decrease. File u/s 397 crpc. No need to submit any amount if there are factual error in lower court's order. No harm in trying.

eswar kumar (des)     16 June 2016

Hi All, Thank you for  valuable suggestions.

Mrs. Bakshi,

I do not take back that devil into my life. I lost my job due to her false cases. She filed 498a, dvc on 10 members. after 2 + yrs of fighting, all cases were closed.


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