This is taken from the website
pls follow it
5 Steps to Win The Interim Maintenance
Posted: November 18, 2013 in Interim Maintenance - PWDVA
Tags: Process
39
Interim maintenance can fight with different ways it is mostly depend upon the type of party, type of lawyer and other factor and it change case to case basis, but as per my observation few are the useful point to fight the Interim Maintenance.
5 steps to win the interim maintenance
1. Capable of working ( Add the info past and present job details )
2. Well Qualified ( add the info of her education )
3. Prima Face Case
4. Approach the Court with Unclean Hand
5. Deserted to Husband without sufficient cause
Following are the Ground for the Argument
1. Before passing interim Maintenance necessary expenses which must be deducted like ( PF, Income tax, Insurance, Home EMI, any kind of Loan )
2. Need to explain Father and mother is also your responsibility
3. Prima Face case : Explain to court from so and so date we are not living as husband and wife and not sharing the same house
4. Judgment should be passed from date of order not the date of filling the application
5. Show some of incident that Wife lies to court.
6. How she is able to survive in society from so and so date without any maintenance
7. Burden of Proof lies with applicant
8. Child is joint responsibility
What are the proof need to attached with the Interim WS
1. Her Education background and certificate
2. Her Job details like ( Bank passbook, IT return, Salary slip )
3. Her other investment detail ( Mutual fund, Insurance, property etc )
4. Few Citation which is matching your case ( Citation should be from same state for more impact )
5. Expanse report from your side
6. Your Medical certificate and your father and mother medical certificate along with expanse
Following are the Precaution while fighting for Interim Maintenance
1. Expose of Evidence : Do not expose your important evidence to other party at this stage
2. Never do Oral Argument : All the arguments should be Written argument , supported with your oral argument
3. Do Not Delay the Case: Do not delay the interim maintenance case for long time.
4. Proper Ground for Fight: Do not fight Interim on wrong ground, it is mainly depended upon both spouse salary and leaving standard in society.
5. File the production of document application
6. If she filed your wrong salary and with huge amount, it is good idea to shared your salary slip with court explaining the true information.
7. Do the proper argument for Cross of opposite party before passing the order
8. Never disclose your strategy to opposite party.
Important point to understand.
1. Before passing any order, Court has to make sure Domestic violence has happen to Applicant
2. Before passing any order, court should consider any Incident report or DIR report
3. Never filed the RCR, most of the time it will backfire. RCR is not useful
