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Arindam Sarkar (Consultant)     01 June 2011

Wrongfully Order of Interim Maintenance

Dear Member,

I am writing this post in a situation where I am in a very sensible situation. My old parents are severely sick. My wife who ha sgone to her parental house 1 and 1/2 years has filed a maintenance order u/s 125. Since she filed the appeal in district court, and since I was depending on the counselar whom I have dependend very much. In her petition, she claimed that I earn a salary of Rs.62000, and so she deserve a maintenance of Rs.15000. Though I have submitted with my reply (thru my counselor) that my net pay is Rs.32000/- only.

But suddenly one day I received a court order that i should pay immediately Rs. 10000/- as interim maintenance. The court has not allowed me to represent myself and nor did he saw my evidence (which I assume). Now that I am preparing to file revision of the order in High Court, I received an execution order from Distric court, and I am ordered to be present on 7-6-2011, to justify why I should not agree interim maintenance.

Will I be arrested if I fail to pay? Is not maintenaing my parents also a duty? Does the court do not consider that why deciding my disposable income to be shared to my wife.?

 

One thing She do not stayes with me b.cos she had gave me a condition one year back that if only I leave my parents and continue to stay with hwer only then she will stay with me. I did not agreed and will not so, what is there in my fate.

 

Please help me by showing me some way out.

 

Thanks in advnace

Arindam



 5 Replies

SANJEEV KUMAR (STUDENT)     01 June 2011

You have got summons to pay Rs.10000/- and why you are reluctant to pay 10000/- when you are earning 32000/- pm. Any way attend the court on 7/6/2011 with amount of maintenance and say what ever you want to say since you are respondent so you have got every right to plead your case either your self or through pleader. I assume from your wording that your counselor has not informed you the facts. So on 7/6/2011 ask the court to please give u the copy of interim maintenance order and submit what ever evidence you have to present. If you are liveing at same district then you can inspect the file  and go with reply on 7/6/2011. Yours is interim maintence order it can be revised upward or downward.

Do not be afraid of arrest Normally in family matters time is given to pay the amount.

syed (Branch incharge)     04 June 2011

She cant make condition to leave your parents to live with you

Explain

whether she asked you to cut the relationship with your parents or she asked you to keep her in seperate home

If she is asking you to cut relationship with your parents - then you can file case on cuelty

If she is asking you to provide a seperat home then thats your responsibility to keep her in seperate home, and you can keep your parents in another home, if they are staying in own house then you move out let them stay but dodnt stop financial help to your parents in any conditions

If she asking you to stop financial help to your parents then again you have rights to move to court on cruelty

Regarding maintenance current you pay as per court order, you can ask time to pay, even you can get permission from court to pay in instalements.

At the same on this hearing you can submit your current salary slip and your valid deduction ask court to take final decision.

If wife is working or worked before and graduate then you may get help from court  to reduce the maintenance cast

Better invite her to join with you in hearing if she didnt then you can request the court to avoid maintenance as she wilfully staying in home

Adv Aileen Marques (Lawyer)     11 June 2011

Was the interim maintenance ex-parte? Was notice served upon and you ignored it?? If you were unaware then this is a good ground for appeal. Once the Court has passed an order it cannot modify it except under section 25 of the DV act. So you may have to go in appeal.

shahfaisal (after word tell)     31 July 2011

jab hum dono ki 18/12/2009 ko engagement ho gayi to uske dad ne 1 lakh rupeya maga meri wife ke studies karne ke liye maga or gulf se humne bheja1 lakh rupeya uske bank account may dala 11/12/2010 ko shaadi ke 2months ke bad 3 lakhs maga ya bola ke studies wo apne mom dad ke ghar pe kar wayege or jab humne mana kiya to phir meri wife ne choti choti baat par ladna or jagda karna phir shaadi ke 5months ke bad humne uske mummy papa ke ghar legaye ke usse kuch samjaye unho ne kaha ke usse chod ke jao usse samjayege magar pehle wakil se notice diya phir family court se notice diya mujhe ab Maharashtra se Karnataka har mahine jana hota hai meri wife ne mujh par jhuta ilzam lagaya hai ke mujhe cancer ho gaya hai or mere gharwalo ne unse jhut bola hai ke main icici bank may job karta hu or meri didi or jijaji or bhai pa bhi jhuta ilzam lagaya hai ke wo sab log ne mil ke usse pareshan karte the

or usne 125cri pc file kiya hai
or district court se warrant bhi nikala magar hum sab ne anticipatory bail bhi kar waya
police station crime No.82/2011 419, 120-B, 504, 506, 420, 405, & 406 r/w, 149
or mujhse 50,00,000 lakhs compensation
jab ki meri cancer ki sari reports normal hai
or HBsAg 0.01 IU/mL (nonreactive)
HIV Ag/Ab 0.09 S/CO (nonreactive)

main muslim hu

shahfaisal (after word tell)     03 August 2011

FALES ALLEGATION 1(notice) from my wife side tasneem faisal shaikh under instruction, information and authority furnished by my client -tasneem w/o mohammad faisal shaikh 1) that you are the legally wedded husband of my client the marriage between you and my client is solemnised on 11th december,2009 at karnataka as per customs of mohammadan law 2) that at the time of talks you and your parents suppressed the material facts and told my client and her parents that you are serving in ICICI bank and also owning a house. after marriage it was revleled that you are sverving as a driver in BSNL comp on temporary basis.apart from this you are also suffering from thorat cancer and this fact came to the knowledge of my client on the night of 19/12/2009 when you suddenly started vomitting and you also passed blood from your vomitting, hence my client was little bit suspicious and asked you to show the -prescripttion of the doctor and further told you that she wants to accompany you to a doctor,but you and family members started avoiding my client and also did not show the prescripttion. 3) that you were also in a habit of adandning my client and you used to reside with your brother in law his residence at pune, i.e. your brother' in law's house 4) 1 brother 2 sisters harrasing my client mentally 9) that as you are suffering from cancer my client does not wish to continue the marital relationship with you as the said deceased is contageous and my client is educated girl having completed B.A.and N.T.C. and also serving as temporary teacher in islamiya high school. and you and your family members have ruined the life of my client for which you are also liable to be prosecuted and you shall also compensate my client in trems of cash to the tune of Rs 50,00,000/- rupees fifty lakhs only NOTE: Please note that my client's parents had given 10 tolas of gold ornaments on my client which is illegally retained by you and your family members and you have also taken away the ornaments given to my client by you

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