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keshav@1990 (assistant)     17 March 2020

Maintainance and Appeal

I have appealed against the Family Court order in Bombay High Court. Honorable Court stayed the Family Court's order but ordered me to pay maintenance till November 19, which was 1.65. lac. I have paid one lac. Now the Court has ordered me to file an affidavit as to when I will pay the remaining amount. My lawyer is saying I have to pay maintenance till date, that is till March 20. The court also ordered me to submit my salary slip. My question is - how many arrears I have to pay? What is use of appeal and stay if I have to pay maintenance till date? What should I do to pursue my case as my appeal is in the pre-admission stage as in court the argument happens only on maintenance main case for divorce nothing happening?


 3 Replies

S.K. Verma (NIL)     18 March 2020

There are several factors to assess the maintenance. Overall it depends yr liability , no. of dependants, yr take home salary, wife's independent sources of income.
Overall it is 1/3 to 1/5th of your FREE INCOME.
Read some SC judgements.

Joy Bose   18 March 2020

What was the order you got in family court ?
Was the appeal against the maintenance ?

Joy Bose

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

You have no choice than to obey the high court order in this regard.

If you do not comply with the conditions imposed by high court then your appeal may not even be considered.

You may decide next course of action.

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