Status of maintenance

Originally posted by : kumar
	Hi I applied for divorce then wife applied for interim maintenance and she got interim maintenance order. I went for appeal against interim maintenance order and it is pending for the past 1 year. Now, while the appeal against interim maintenance is pending, I have below questions  if "my divorce petition is dismissed" or if  "I withdraw my divorce petition" or if "i was granted divorce" a) The interim maintenance order will automatically become void? b) Should i withdraw my appeal against the interim maintenance order? c) Should i still have to pay maintenance arrears since it was ordered? Thanks.

IA is awarded till the present divorce case is not over, till that time you need to pay IA, which application needs to be given at end of each year (by your wife, as IA ordered holds good only for period of 1 year from date of order), and you need to submit change of circumstances application to same court which has ordered IA to readjudicate it citing change in circumstances/income.

Usually HC wont interfere in IA matters, till you pay IA old balance ie from date of application of IA, your divorce case wont move an inch.  Someone has wrongly adviced you to go to HC for readjudication of IA.

If your divorce petition is dismissed, you still have to pay IA till the date which divorce petition ws dismissed ie from date of application of IA till date of dismisal of divorce petition.

If you withdraw divorce petiition, stil you will have to pay IA till the date you have withdrawn the divorce petition.

Hi Prakash sir,

you said "If your divorce petition is dismissed, you still have to pay IA till the date which divorce petition ws dismissed ie from date of application of IA till date of dismisal of divorce petition."

If that is the case, can i continue my appeal case even after the divorce case is dismissed? Because I cannot pay the huge maintenance amount ordered.

Originally posted by : kumar
	Hi Prakash sir, you said "If your divorce petition is dismissed, you still have to pay IA till the date which divorce petition ws dismissed ie from date of application of IA till date of dismisal of divorce petition." If that is the case, can i continue my appeal case even after the divorce case is dismissed? Because I cannot pay the huge maintenance amount ordered.

Looks like you are only the smartest person in the world.

aaha.

Old balance has to be paid off, only then the court will fix new alimony based on change in circumstances, eitherways HC wont interfere in once ordered alimony, if you clear old dues ie from date of order till the date you approach HC, then only HC will readjudicate the alimony ordered.

If you really cant pay maintenance, then do one thing, go spend 1 month in jail, old balance is automatically written off.  Cheap and best method.

Instead of doing that circus of approaching HC, do it in trial court itself, clear old balance, and apply for readjudication of IA awarded in same court under change in circumstances applicatoin, going to HC is waste of time and money, you have been misguided by someone to go to HC.

Hi Prakash sir, 

Thanks for reply.

Originally posted by : Gyan Prakash
	Looks like you are only the smartest person in the world. aaha.

sorry, i did not ask that question to show i am smart, the interim maintenance awarded is out of my potential and i have no source to pay that. That is why I went for appeal. So i dont understand, why HC wont interfere in IA till I pay old balance. I think the constitution allows me to go for appeal so if HC is taking my appeal case only if i pay old balance, how can i run the appeal case? Please correct me if i am wrong and educate me.

Coming to your advice on "readjudication of IA awarded in same court", i have few questions.

1) as i have already appealed in HC, can i apply for readjudication in lower court?

2) is there any time duration (minimum/maximum) to apply for readjudication?

3) I think the lower court also wont take my readjudication till i pay the balance correct?

4) Can i voluntarily (like surrender) go to jail for one month for not paying maintenance or this process has to be initiated by the opponents?

Please clarify.

Originally posted by : kumar
	Hi Prakash sir,  Thanks for reply. Originally posted by : Gyan Prakash Looks like you are only the smartest person in the world. aaha.   sorry, i did not ask that question to show i am smart, the interim maintenance awarded is out of my potential and i have no source to pay that. That is why I went for appeal. So i dont understand, why HC wont interfere in IA till I pay old balance. I think the constitution allows me to go for appeal so if HC is taking my appeal case only if i pay old balance, how can i run the appeal case? Please correct me if i am wrong and educate me. Minimum amount is 100 rs per day, x 30 is 3000 per month, HC wont interfere unless you show that you are a pauper to reduce this amount, but technically what has been ordered you will have to pay as you have not raised any objection when the opposite party asked so and so amount as alimony, in absence of you not replying to your wife IA application, court has ordered minimum,   And such 3000 is minimum for any mid size town living standard. As it only till such case as divorce is pending, HC wont readjudicate the amount ordred. If you still want HC to look into such matter, you have to file IT return, show income and expenditure in detail, and only then can ask HC to reduce amount ordered. Why HC wont reduce is, 3k is less amount, as simple as that. Coming to your advice on "readjudication of IA awarded in same court", i have few questions. 1) as i have already appealed in HC, can i apply for readjudication in lower court? HC appeal should get dismissed, then you can apply in trial court under 141 asking it to readjudicate the amount it has ordered previously. 2) is there any time duration (minimum/maximum) to apply for readjudication? 1 year. 3) I think the lower court also wont take my readjudication till i pay the balance correct? Old balance has to be cleared off eithe ways.  Only then new account starts. 4) Can i voluntarily (like surrender) go to jail for one month for not paying maintenance or this process has to be initiated by the opponents? First your lovely should go for execution proceedings, then court ask you, raja will you pay, you have any fixed assest, some deposit, if you say no, then court will issue warrant, and take you into judicial custody. Please clarify.

You are educated, why go jail, dont you have self respect?

There are lot many ways to not pay lovely wife alimony and still roam free, dont worry, you call me up, I will guide you regarding it.

If your wife left the matrimonial home without any justifiable ground, she will not be entitle for any monetaory relief as per CrPC 125 sub-section 4. If any court orders any maintenance/alimony you can apply for revision petition based on the fact it can be cancelled as per CrPC 125 sub-section 5.

No relevance to your divorce petition but your wife will try to misuse the law and twist the fact. Keep it in front of the court.

Forget about stupid suggestion who taunted you in this forum.

First cleared all the dues, then moved any application. Sec 24  HMA is the worst act. You dnt have to much to say unless your Lovely Wife is not working......So be smart & try to pay to her

First cleared all the dues, then moved any application. Sec 24  HMA is the worst act. You dnt have to much to say unless your Lovely Wife is not working......So be smart & try to pay to her