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God is Great (Executive)     29 February 2012

What if someone does not pay the interim maintenance ordered

Hi all,

Can anyone say what are the consequences if someone does not agree and abide by the family courts order for interim maintenance and what stand can be taken to save ourself??



Learning

 13 Replies


(Guest)

Than be prepared to spend some time in jail .If your not happy with the order you can file a appeal .

God is Great (Executive)     29 February 2012

Hi,

But, have heard that HC's generally ask to pay 50% in advance before hearing the appeal. Also, guide further line of action that can be taken to avoid paying maintenance and keeping ourself out of jail. I can appeal, but not in a position to pay the 50 % as that would just encourage the other party and the other party would just fight with my money only. Also, what could be the jail term in such cases??

Tajobsindia (Senior Partner )     29 February 2012

@ Author

1.
Cryptic query


Need following

- Husband / Wife status details at the time of marriage and at any time subsequent thereon.
- Is wife working presently?
- Income details of Husband / Wife.
- How much is the award amount.
- Is the award includes a wife and child or is it only for wife or only for the child.
- Under which Code / Act the award has been made.
- Date / month / year the said Application instituted in FC.
- Date / Month / Year of Award.
- Is the award from date of Application or date of Order.


2. Maximum is 1 month for each default provided Execution award done with in favor of JD for each default.

 

1 Like

God is Great (Executive)     29 February 2012

Hi,

- Husband / Wife status details at the time of marriage and at any time subsequent thereon.>>>>It is a Love Marriage and both were salaried at the time of marriage. Wife has resigned prior to filing 498a in the month of Nov 2009.
- Is wife working presently?>>>>>No, purposely left job
- Income details of Husband / Wife.>>>>>>>Husband - 25000/- , Wife 15000/- (earlier salary income and now Share market trading profits
- How much is the award amount.>>>>>>>>12K pm
- Is the award includes a wife and child or is it only for wife or only for the child.>>>>>7K for wife and 5K for daughter
- Under which Code / Act the award has been made.>>>>Application made under sec 18 and 20 of Hindu Adoption and maintenance act and order passed under sec 24 of Hindu Marriage act (Maintenance pendente lite)
- Date / month / year the said Application instituted in FC.>>>>>>Maintenance application filed in April 2010.
- Date / Month / Year of Award.>>>>>>>Feb 2012.
- Is the award from date of Application or date of Order.>>>>>>>From date of application.

The concern is not the cost of appeal, but have heard that the HC's generally ask to pay certain % of outstanding dues and I want to avoid paying anymore to such vicious women. She had already filed a false 498a and grabbed some ornaments of my family members in hte name of stridhan and now interim maintenance. She just wants to enjoy with my money. Also, we are seperated from last 7 years. She just cohabitated me for around 1 1/2 year after marriage and 9 months in between when I brought her back on trust that she would live and let live everyone and especially for the good future of the daughter. But, she has breached my trust totally for the sake of money. 


Tajobsindia (Senior Partner )     29 February 2012

@ Author,


1.
Admission hearings is on showing error apparent on face of trial Court records.


2.
Issue notice to defendant wife is accordingly dealt with once Appeal is admitted.


3.
Stay in such matters are mostly never ex-partied unless moon is shown to be Bergamot.

 


4.
Once defendant wife makes appearance stay matter could be plead accordingly in her sides presence on merits.

 


Back up plan as follows to uplift your sagging morale……..

 

Here is a true copy of a receipt of a DD no…………. dated………. for 50% of award amount deposited before Registry Office and now kindly hear me on MERITS and if defendant wife wins the Appeal then same may be released in her favor and if Appellant husband wins then same may be recalled and adjustments made accordingly to trial Court maint. arbitrary award accordingly.


Now kindly permit me to proceed with my humble submissions…………

 



5.
S. 498a IPC is no entry matter to this brief.



6
. Separation statement as in brief is social thought line and not having any legal sanctity hence again a non entry to this brief.

 


7.
Ability to earn is probably one of the merit point and unless one sees both sides papers and reads down Order above gyan will do.

Shantanu Wavhal (Worker)     29 February 2012

In  case there is an order  of maintenance pendente lite passed, it cannot be appealed against for it is just an order interlocutory and never a judgement.- S.H.Gupta.v.P.S.Gupta.AIR 1991 Bom.423

Damayanti (Unemployed)     01 March 2012

Jail ... good answer.

 

 

if it is not appealable then it not final orderalso... and then it can be gotten modified (or quashed/set aside) in same court ... why to spend petrol to go all the way to HC?

 

 

 

Damayanti (Unemployed)     01 March 2012

please post karnataka HC judgments in favour of 'pendent lite maint not appealable'.

 

Regards.

 

 

Shantanu Wavhal (Worker)     01 March 2012

why to spend petrol to go all the way to HC?


most of the HC s are providing e-filing facility now-a-days.

Damayanti (Unemployed)     01 March 2012

That was available fore the invention of internet..people could send petition for filing by posts also.

 

But appearance purshis/ to be there in person for proceedings can't resolved via internet.

 

 

God is Great (Executive)     01 March 2012

Hi,

Please guide as to how the said interim maintenace order can be applied for modification (quashes / setaside) at the same family court

Kiran (manager)     01 March 2012

I came to know if husbband go to civil prision for not paying interim in that regards wife has to pay subsistence allowance to court for maintaing the husband in civil prison .........

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 March 2012

e filing is not that easy , ultimately you have to go for corrections.


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