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sachin ghadge (CLEARK)     09 April 2013

On what ground interim maintenance rejected


i have filled the petition againest wife on adultary ground. then court passed the order for custody of minor child (8Yrs) to me, so he is in my custody. the wife filled intriem application by saying i having transport and some trucks with numbers. i provide the that trucks r.c. book to court which shows that transport and trucks and not belongs to me. i only work there and get salary of Rs.10000/- per month. my parents and child are depends on me and by surgery dr. remove my left lung also. so i am not a body abled person with proofs.

then i dont know on what basis court order passed the rs. 5000/- maintanance per month to wife


 11 Replies

Adv k . mahesh (advocate)     09 April 2013

you can file revision of maintenance before the highcourt 

sachin ghadge (CLEARK)     09 April 2013

i filed the review petition in same court but it cansider by court and rejected in last month

Adv k . mahesh (advocate)     09 April 2013

then discuss with your lawyer and file in high court for revision of maintaienece 

Chetan Joshi (Advisory/Advocacy)     09 April 2013

file an appeal in the higher court in the presence of a sound lawyer.






+ ^^^

If your wife is working, then you should submit her salary details, if she is having property in her name, also submit such details, if she is educated, submit such details before HC.

HC may or may not reduce the alimony awarded.. as it is just interim alimony, ie madhyantar relief.

So my suggestion would be:  You ask your lawyer to speed up the case and get over with it or you will be paying alimony for years together to no end.

sachin ghadge (CLEARK)     09 April 2013

i cant manage such maintanance, so if i cant pay.

what will happen and what effects on petition?

because of my small knowledge by crpc125 wife is not eligible to get maintanance who living in adultary reletion.

Originally posted by : sachin ghadge

i cant manage such maintanance, so if i cant pay.

what will happen and what effects on petition?

because of my small knowledge by crpc125 wife is not eligible to get maintanance who living in adultary reletion.

You should prove her adulterous nature and affairs.

All depends now on evidence you give to court and forceful pleadings by your lawyer.


ON the other hand if you do not pay, the divorce case will eventually get dismissed.  Or you will be taken into judicial custody for not paying maintenance.

Sandeep (Engineer)     07 October 2014

can interim maintenance be rejected if wife hides the vital information of where she is working.

Anil (salesman)     11 October 2014

yes you have to prove where she is working & his educational qualification and also she is harassing you just for the money and also try to prove his adultery by this way you can get the relief from wife.

avinash (merchant navy )     13 October 2014

my wife is a doctor she is working for NGO and earning 15000 rupees. she is asking for interim maintenence 50000 rupees. on what grounds can this maintenance be rejected. no issue out of the said marriage. she has filed for divorce. marriage (cohabition) lasted 2 months but she has waited for 3 years and then filed for divorce and  interim and permanant alimony. i was working before in the merchant navy but now i am having a shore job and earning 15000 rupees. indian christian divorce act is applicable. my knowledge is she can ask only 20 percent of my income, but which income.... high income before or low income now ?

can a highly qualified person such as a doctor ask for interim maintenance if her husband was earning more before but earning the same now ?

can interim maintenance be zero based on the fact that if she wishes she can earn a lot more than present earning.  she is showing that she is working but most of the time she is idle.


kindly advise on what grounds can interim maintenance be rejected. i do not have any of her papers with me and neither does she.

Adv. Chandrasekhar (Advocate)     13 October 2014

If both are earning Rs.15000/- each, it is difficult for her to get interim maintenance.  But permanent alimony after divorce decree is granted depends not only on the earnings but the properties the parties hold on their names.

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