Husband and wife working and living separately for last 1 year. husband 's salary is 1.5 times of wife. Husband claimed maintenance for son who is in his custody. Family court passed order for interim relief by 50% sharing by wife which seems unjustified as no proof of expenses asked and verified by court and accepted as such.
whether to be applied for stay in high court OR to file review petition . advise correct option.
whether this relief amount will remain fixed or vary . what's the duration of payment.how to proceed further.
| Originally posted by : R.p. Saraswat | ||
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Husband and wife working and living separately for last 1 year. husband 's salary is 1.5 times of wife. Husband claimed maintenance for son who is in his custody. Family court passed order for interim relief by 50% sharing by wife which seems unjustified as no proof of expenses asked and verified by court and accepted as such.whether to be applied for stay in high court OR to file review petition . advise correct option.whether this relief amount will remain fixed or vary . what's the duration of payment.how to proceed further. |  |
By stay you mean, you go for High Court.
High Court its funny way regarding such matters. They ask you to pay half of what is due only then appeal will be accepted, be it revision or review etc.
After that your lower court records would have been brought for inspection.
Usually in maintenance matters High Court wont interfere. They wont reduce anything as it is interim order. Ulta they may increase it if they find the lower court has ordered less.
Each IA is for 1 year, by end of 1 year OP has to file new IA application if there is change in circumstances.
Expenses sheet etc all need not be given as it is common sense that to maintain baby there will be expenditure. And both mother and father should contribute towards its maintenance expenses.
Quite unusual story, mother left child and went and she is looking to avoid paying maintenance instead of claiming child custody? Lterally shame on women like this one. Reconciliation possible? Just try to settle matter amicably.
