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kunal   20 May 2015

Interim maintenance - what ?

Hi All, 

I have few questions kindly help me to clear my doubts 

What is Interim maintenance and maintenance ?

Whether she can file interim maintenance while the case (a498a/dv) is still going on ?

In my case, wife left without intimation and she done PG and she is employed in the past(lecturer) in    such case is it possible to reduce or cancel the interim maintenance

suppose i am getting 50k/month what will be the Interim maintenance ? .i have to take care of my aged parents and bro also , medical expenses also there 

while giving maintenance will the amount given for Interim maintenance will also be calculated or separate ? 

I am feeling hopeless , is there anyway to comeout from this mess ? 

 



Learning

 4 Replies

498_final stage (Professional)     20 May 2015

File RTI in Tax department. You have right to know her salary in case of matrimony disputes

Read these https://www.rti.india.gov.in/cic_decisions/CIC_AD_A_2012_003341-SA_M_122918.pdf

https://timesofindia.indiatimes.com/india/Can-access-income-details-of-your-spouse-under-RTI-CIC/articleshow/46151241.cms

Advocate Ravinder (Advocate/Attorney)     20 May 2015

What is Interim maintenance and maintenance ?

---Interim maintenance will be ordered by the Court on an application by the wife while the case is still pending.  As the quantum of maintenance is not ascertained, a nominal amount will be ordered by the court to eke out her livelihood.  The quantum of maintenance shall be arrived after elaborate trial and it may take 2 to 3 years.  Hence, this is a sort of relief from the court to the wife.

Whether she can file interim maintenance while the case (a498a/dv) is still going on ?

---Yes, she can file.  But if she is already employee, there is no question of paying maintenance.

In my case, wife left without intimation and she done PG and she is employed in the past(lecturer) in    such case is it possible to reduce or cancel the interim maintenance.

---Yes, you can avoid maintenance in case she is working at present, but if she has already left the job, you have to file a petition before the court to avoid maintenance praying the court that she is capable of doing job and she intentionally avoiding to do the job.

suppose i am getting 50k/month what will be the Interim maintenance ? .i have to take care of my aged parents and bro also , medical expenses also there.

---Approximately 1/3rd you have to pay for maintenance of your wife and her children.

while giving maintenance will the amount given for Interim maintenance will also be calculated or separate ? 

---Once the main case is ordered by the court, the question of interim maintenance will not arise.  It will stopped and the original maintenance will start from the date of award. 

I am feeling hopeless , is there anyway to come out from this mess ? 

---Contact me ravinder2345@gmail.com or 7893011777.

kunal   20 May 2015

Hi Ravinder thanks for the elaborate answer , also thanks Legalabuse_Fighter for the RTI  ,

If i file RTI on that she will come to know or what ?  

Interim maintenance amount will be based on the salary or how they will calculate ? 

T. Kalaiselvan, Advocate (Advocate)     24 May 2015

The interim maintenance petition  is an application for an interim relief while the maintenance petition is pending decision by court.  There is no bar in filing interim maintenance or maintenance petition  during the pendency of  498A or any other case.  

If your wife has disassociated herself from your company on her own without any valid reasons it amounts to desertion and makes her ineligible for claiming maintenance amount legally but it is the burden on you to prove that.

Her high educational qualification will not dis entitle her from claiming maintenance, if she has been proved that she voluntarily quit her employment for the purpose of claiming maintenance, he application for the same may be dismissed by the court. 

For Grant of maintenance there are no parameters to measure the quantum.  It depends on how the source of income of the respondent is proved nd also the respondent's version defending his income by proving his liabilities to the satisfaction of the court. 

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