Maintenance and certified copy of order

Originally posted by : Rajesh
	Hello, I need some guidance from the experts here. Interim maintenance of 10,000 pm was awarded to wife 1.5 months ago. The court date is coming up next week. I plan to challenge this order as it didn’t take into consideration the income wife had from her job she left just a few months ago. I applied for a certified copy but have not received it after almost 1.5 months. 1. If the judge asks me to deposit arrears on my court date (or deposit it on certain days), can I say I am still waiting to receive the certified copy of the order so I can take appropriate legal action ? 2. Also, I believe this period to receive a certified copy will be excluded from the Limitation Act provision to file an appeal/revision. Is his correct ? Thank you Rajesh

If you have recipt of copying agency to prove that you have applied for certified copy and you are not at fault for not appealing against the said order then you can raise the above mention points.

You seem to have applied for a copy in time.

Thanks for the response.

Seniors/Advocates :

Can you, please, throw some more light on my questions above ? What should we tell the judge if the OP presses for arrears ?

Thank you

You can submit to the judge you have not got the order copy from the court. and show the acknowledgement. 

Originally posted by : Rajesh
	Thanks for the response. Seniors/Advocates : Can you, please, throw some more light on my questions above ? What should we tell the judge if the OP presses for arrears ? Thank you

If there are arrears, carry cash, pay then and there or take cheque book and give a cheque for the arrears due.  Or be prepared to do to jail.

This is interim maintenance, better pay the arrears on the date. Even if youchallenge, it would be difficult to have stay for payment of interim maintenance.

Carry cash/instrument of payment on next date.

She cannot insist orally for payment of maintenance amount.

She has to follow the procedures laid down in the law in this regard

She has to file a collection petition by enclosing a certified copy of the order passed in her favor.

If you have not got the copy then she too would not have got the copy hence you need not worry about this

However if the court is asking you about this you can very clearly mention that the certified copy of the order is awaited.

Subsequent to discussion carry reciept, cheque/cash and be ready to defend yourself in court.

Has she also applied the copy and has she got it?