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Rajesh mehra (none)     07 December 2017

Interim maintenance

i have two questions

1) what will happen if husband leaves the job and unable to pay interim maintenance.......

2) how court decides the interim maintenance of unemployed husband and how court checks whether the husband is really unemployed or not.

 

Thanks in advance



Learning

 5 Replies

Sachin (N.A)     07 December 2017

Originally posted by : chiran sharma

i have two questions

1) what will happen if husband leaves the job and unable to pay interim maintenance.......

Court may not reduce the maintenance, if other party succeed in convincing the judge that husband stratigically left the job to avoid or get reduction in already granted maintenance.

2) how court decides the interim maintenance of unemployed husband and how court checks whether the husband is really unemployed or not.

Court never checks whether husband is working or not. Court will consider the last income proof available on records or will grant maintenace as per minimum wages act and as per living status of parties before litigation.
 

Thanks in advance

 

1 Like

N.K.Assumi (Advocate)     07 December 2017

Chiran sharma's query is very interesting: Since it ia a rirght of the wife to receive maintenance, it is purely personal right created by an order of a competent Court and is not assignable by the wife, and it is not liable to be attached in execution of a decree for money like judgment debtor. Now, the husband on becoming insolvent, if the Magistrate put him in prison, Question is, whether the imprisonment of the husband will be civil prison or criminal prison? If it is civil prison who will bear his expenditures in jail, the wife or the State? Now, the proceedings under 125 CrPc is civil proceedings, but the nature of the Court is Criminal and colour of the Court can not be change to that of the Civil Judge, if that is ight, can we hold that the imprisonment of the husband is criminal prison?

 

Rajesh mehra (none)     07 December 2017

N. K. Assumi sir..........please write in layman's terms so that i can understand what u r saying........else please dont anwer any query...........we are not advocate .......so at least write in simple language.........i just wanna ask how the court checks the last income proof of a husband and what it the procedure that court follows to check the income proof of husband if wife party is unable to show any proof of husband employer or salary

N.K.Assumi (Advocate)     07 December 2017

Chiran, your question is very important for lawyer and I am harping on that aspects. Regarding your query, the poceedings is Judicial procedings and Magistrate knowledge alone is not sufficient, and evidence has to be recorded by examining witnesses. The Magistrate can not pass order without recording evidence of party and witnesses like a ministerial acts, and I am sure Magistrate will act in that manner.But if the order is passed with the consent of parties such examination of evidence will not be necessary.

Rajesh mehra (none)     07 December 2017

thanks N.K. assumi bro


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