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?

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Quick Summary

An individual has appealed a Family Court order regarding maintenance in the Bombay High Court. While the High Court stayed the initial order, they were directed to pay maintenance until a specific date, with a portion already paid. The court has now requested an affidavit detailing the payment of the remaining amount and salary slips. The appellant is seeking clarification on the total arrears due and questioning the purpose of the appeal and stay if maintenance payments continue. They are also concerned about the slow progress of their appeal, which is at the pre-admission stage, with arguments focusing solely on maintenance rather than the main divorce case.

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.