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kapilshah   17 August 2015

Sec 24 interim maintenance payments

Hello experts, I have been order to pay interim maintenance in family court, and the arrears were to be paid with 2 months. I filed a writ in HC and one hearing is over , where it has been admitted and a copy has been served to opposite party. The case is still pending and due to huge back log its not getting listed. Meanwhile I have the payments due dates about to expire. Should I need pay this amount or its legally ok to wait under disposal of case at HC? Please advise.


 22 Replies

fighting back (exec)     17 August 2015

actually, it is a futile excerise to challenge such cases as sec 24, where the courts are bit laxed in handing out maintainence amounts to 'unemployed' 'starving' and 'not able to earn' type of wives. hope you understand what i mean

since this is an interim maintainence, courts generally overlook claims by husbands, unless you show concrete evidences of her employment, her income source and her income proof, and anyway, you will still be ordered to pay the amount until the court decides on your petiion in HC.

the worst part is, your amount will keep piling up, and if it is your divorce case or her section 9 case, it will be held up, and will not proceed unless you clear your dues...of course, it is all upto the discretion of the judge. if the amount is reasonable, you should start paying, because ultimately, you are going to loose more money on your lawyer fees, and other useless stuff to fight something which you cannot prove (her income) and it is an established fact that, whenever the opposite party is not able to prove her income or employment, then maintainence has to be paid. no matter what...of course, once the order is passed, you can challege it by way or arguing in HC about her ability to earn, her qualifications, her desertion, etc etc.....according to me, your present action is a futile exercise

saravanan s (legal advisor)     17 August 2015

as per my knowledge while you make an appeal against the interim maintenance half of whatever dues is there needs to be paid.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     18 August 2015

plz said me is there any stay order ?

kapilshah   18 August 2015

Thanks for the response.

Wife is working she had suppressed it. I provided the proof in terms of bank statement. Court overlooked it and given a judgement. Thus the appeal in HC.

Yes there is an application for Stay as well.

kapilshah   18 August 2015

The HC has not given any direction to pay ad-interim maintenance , just the summons have been served to wife , but I am not getting any listing date for hearing because of huge backlog and my due date for paying arrears is now due. I don't think any such provision of HMA act , that any such ad interim should be paid as hard and fast rule in any appeal. I am aware that HC in such sec 24 cases do direct to pay ad interim maintenance on case by case basis. But there is no specific instruction yet.

Born Fighter (xxx)     18 August 2015

Kapil , what is your salary, how much has court ordered as Interim Maintenance. How much is wofe earning as per bank statements provided by you. Court might have considered this amount and found it to be minimal. All this information is required to weigh the merits of your case.

kapilshah   18 August 2015

The wife earns 18k per month. My take home is 65k per month. I had shown dependent parents. We have no kids. Still ordered 15K per month.

what was very weired in the judgement is that she supressed her empoyment. I filed my objections stating her employment and mentioned her salary. I didn't have documentary proof. i furnished my pay slip. 

I requested court to summon the salary slip from employer and next hearing the bank statement from bank. When the bank statement was submitted by bank, his judgement didn't make any reference that bank statement showed her salary of 18k , still judge claimed I failed to produce any document to show her salary. While its on court instruction , bank furnished statements. 

For all this discovery it took 6 months . If he was willing to grant maintenance then , why should he even summon all those documents from bank in first place. He could have granted maintenance then itself. why penalize for the delay cause in discovery of her employment when he was not willing to consider it in first place. 

Now judgement says I need to pay arrears within 2 months. Since I filed my writ and apealed for Stay . Now my question is  should I be still paying any amount meanwhile.

Born Fighter (xxx)     18 August 2015

The FC Judge seems to have considered 65/3 = 15k as maintenance , without considering your expenses and the income of the wife as you stated and if thats true. 

I really dont understand what your lawyer was doing when such a thing happened as you are saying everything was on paper and FC Judge himself got bank statements thru summons to bank, and there is no mention of such a document available at time of deciding maintenance application. What is your lawyer saying, according to him where things went wrong ??


The wife now has 15+18 = 33k for herself and must be celebrating. You should argue vehemently on this in your appeal thru a competent lawyer and the objective should be to cancel her maintenance as there are many judgements where courts have rejected maintenance to wife qualified/capable to earn wife OR get this compoment down from 15 to 7-8kpm if disparity in income is high.

How many yrs of marriage ?? whats your wife's age ? 

You better get her a better paying job OR search a husband for her than earning to pay the maintenance.

All the Best !!!


Ravi (a)     19 August 2015

hello - i am also in the same boat. my wife suppressed her income, i showed the xerox copy of the rti reply from her pvt employer.

i filed an appeal in HC and it is interlocutory stage after 10 months. stay not recieved. my high court lawyer says full judgment is coming on tuesday (ie yesterday) but high court website doesnot show my case in the causelist. not sure what is true and what is not.

kapilshah   19 August 2015

In this part of country , the courts are like "DURBAR" and judges are feeling like they are kings. So he didn't allow us to speak, when we argued that she suppressed income and that attracts perjury even. He does what deems right. I showed 5 judgements of various HCs , where if wife earning no maintenance. Sec 24 is not for equalizing income of both parties. Sec 25 should not be confused with sec 24 while deciding quantum. Experts please advice , what should I do, since the matter is under prejudice in the HC. No stay has been granted. Should I pay some amount now? The lower court and my wife have been duly notified of the writ. The 2 months arrears deadline is due in a week.

kapilshah   19 August 2015

Ravi Did u pay or asked to may any ad interim during the duration of appeal at HC ?

Ravi (a)     19 August 2015

i have been paying part of the order on every hearign date. i almost paid 60% of amount so far even after fininshing 10 months since HC registered date against this interim order.

every hearing the FC judge tell me either pay full amount or get stay from HC. so far stay / suspension not received and FC judge threatens me he will dismiss the case if not paid full or HC stay order not received and gave 3 weeks time until next month hearing.

is it my fault if i havenot got the stay order from HC? my HC lawyer says all over except judgment and i regulalry check the causelist on daily basis and never found my case in the list except interlocatory status on my case. dont know what's happening.

Born Fighter (xxx)     19 August 2015

Kapil, I asked you what is your lawyers take on what has happened  ?. Are you appearing party-in-person ? Give an application to change the court in which your case is being heard to avoid further damage.  If i was you i would also complain to the Registrar of court for the said injustice by the FC Judge. The Judge has to operate within the boundaries of law and he/she is not a god. Unless we take stern steps this practice will continue.


I said before your wife is awarded much more than she deserves, the judgement needs to be challenged in HC. Unless you are asked by HC to pay half or full why do you want to pay the arrears ? Also do not stop making payment completely. Out of 15k pay awarded monthly you pay 7k under protest. 

Ravi (a)     19 August 2015

hi Bornfighter - even i am paying part payment to my wife but why FC judge threatens me that he will cancel the divorce case if not paid full or HC stay order.

last hearing, he stopped the proceeding becasue i paid part payment and not full. is he going to dismiss the divorce case next hearing considering i am paying the part payment & HC has this appeal case pending? please enlighten me.

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