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Vedanta shah (na)     01 October 2016

Interim maintanance and consecuences

Hello 

My friend has filled a judicial separation and child custody. however his wife filled a maintance case. Below are the sequence of events happened and need to understand what is right way to come out of it and is there family court has right to dismiss the case of petitioner for not paying the interim maintenance.

1. interim maintance passed by judge in absence of petitioner(husband) on basis of said by Wife. amount was huge.

2.Husband filed appeal in HC for relief and still ongoing. Is there any way to ask court to check the bank statement of wife as it was not been leading document in family court. Is there a rule if evidences are not given in lower court(family court) then we in HC they are not considered to get relief?

3. if arears of interim maintance is not paid what are the problem which can be faced. Regular maintaince are paid however some amount particularly for 1 year not able to to pay due to huge amount  and appeal was filled in HC. Now the judge keeps saying to dismiss the case or not allowing to further procedure in family court. What can be done and also what is the best solution.

 

Thanks

Nir



Learning

 3 Replies


(Guest)
If no pay. Warrant issue. If not caught. NoBW issue. If caught. No bail at all. U sit inside jail till u clear old dues. Wait 6 months. File 127 in fly court. If fly court no reduce ia u go appeal to hc. Hc readjudicate ia. Going by my experience. Hc won't reduce ia. Nor will fly court reduce ia. U be simply wasting some more money in litigation fees. Ultimately u will have to pay ia. Best is go for settlement. Pay one shot alimony n take MCD. Time n tide wait for none. Take quick decision.

Sachin (N.A)     01 October 2016

under which section interim maintenaince was passed????

Vedanta shah (na)     04 October 2016

under sec 24


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