IA

Section 24 HMA - Maintenance Pendente lite and expenses proceedings.

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

Now you file an IA stating the change in circumstances and pray for reduction of the maintenance amount

1. File "change of Circumstances" IA.


2. If dismissed and or award is even reduced then approach HC and with only one single prayer "Pray for appointment of Local Commissioner / Court Commissioner Report" on your "un-employment status" This report will prove before the eyes of Law thta you are jobless and have no sourc eof income., No Court now can award any maint. to your wife.

There are umpteen citations to abvoe effect.

All the best.....

"I am not able to pay the alimony due to my joblessness.  Can you please tell me how to ask the judge at the family court to reduce the IA amount."

arun ji suggested right.

change of circumstances is a ground for change of maintenance.

@ Author,

BTW, Jobless is not a logic or argument to win the case or get any benifit legally, in this India all things are possible . If you are a educated, first register your name in govt unempolyemnet register and keep the card ready. Now if u do not have any job, you can work as daily labour, pull the rikskaw, distribute milk in colony, distribute newspaper etc. or do some tution to small children in neighbourhood which even a 8th class pass person also can do so you I suppose are btter than him, even in school days I used to do that (I used to fill railway reservation forms for Migrants at VT Station Mumbai earning Re 1 per form to add to my limited pocket money) , but never say i am jobless and can't earn and show some of your income like 3K or 4K per month and file IT return accoridnlgy.


Earning less is not crime, not earning is crime and it may go against you, so I always advice people, never claim you are JOBless, u say i have no permatent job and i do this and earn this much and my expenses this much and libility this much etc.


You must be clear how much u earn and what is your libality and u can take care your wife as per your standarad, not as per her wish or let the goverment give me the job as per her wish !.


Once you adopt to above stands see how errant wife's hair turn grey visiting one court to another and no law of the land can award more than your meger income as of date !
 

Thanks for the replies.  Though I was previosly working and now as due to the cases filed against me I have temporarily stopped working and I have prepared a affidavit as below, pls tell if this one would do, as the court date is tommow both for family court and the JMFC court for DV act.

AFFIDAVIT

I, ______ aged 34 years, Petitioner, S/o _____________, swear as under:

1.  I was working as a office assistant at M/s Innovative Pvt Ltd, Metagalli, Mysore, at the time of filing petition the M.C. No. 81/2009 pm 11-3-2009.

2.  Due to constant interference from my wife and her relatives about my timings, nature and duration of my working hours, etc, the company where I was working was fed up and terminated my services with effect from 10-4-2009.

3.  My wife's continuous interference in my work culminated in her complaint to Ashokpuram Police Station in No. 46/2009 dated 6-3-2009 (copy enclosed) wherein she complained about my not staying and sleeping in the house at Kuvempunagar, during nighttime which led to the M.C. Petition for divorce and subsequent termination of my job on 10-4-2009.

4.  I became depressed by these developments and could not concentrate on my work and subjected myself to medical treatment (copy enclosed).

5.  Due to non-cooperation of the Respondent, who kept saying that she wants to continue with the Petitioner this Honorable Court has not made up its mind to begin trial and ordered high I.A. of Rs 3000/- per month on the application of the Respondent.

6.  The Petitioner has no job and is searching for a suitable job in Bangalore since some time to enable him to pay the I.A. but so far not successful.

7.  In the meantime, the Respondent has filed complaint to the III JMFC Court (Additional Munsiff), Mysore under the Domestic Violence Act 2005 against me and my parents with the sole intention of harassment (copy enclosed).

8.  This has sent me into further depression, as unless the Family Court case and the Domestic Violence Act cases are completed I cannot take up job anywhere.

9.  Therefore I beg to pray this Court to substantially reduce the I.A. immediately.

Advocate for Petitioner                                                                                  Petitioner

(H.P. Jagadeesha)                                                                                           (Martin Sujay)

Dear Sir,

Yesterday the family court did not accept my plea to reduce the interim alimony.  Instead, has told that this court does not have powers to reduce interim alimony and has asked us to approach the high court of Karnataka for reduction of maintenance.  In between, I had already approached the High court for the same reason and the writ petition got dismissed on the grounds that we did not go for an appeal for reduction of IA in the lower court ie Family Court Mysore.  My question is can I again go to the high court for getting IA reduced?

Domestic Violence False case:

Hi,

Whilst the divorce petition case is still pending for evidence in the family court, in the meantime my wife has filed a case under the Domestic Violence act in JMFC court and as per the act no. 17.  She claims that she has been thrown out of home by her natural mother and she has requested in the petition to the judge to make orders either to let her back into my parents home or to get some other accommodation by myself in some other place as stated either in a hut or a palace.  What objection can we put on this petition.  This is the only point where we don’t know how to go about, rest of the allegations made on me and my parents we have proof as well as concrete evidence.  Please do take time and advice me suitably.  I am also going to the high court for revision of the IA order as soon as I get copies from the family court.

Thanks in advance.