Ajay Sharma (NA) 29 December 2014

Interim maintenance payment

Hi,

I am currently fighting DV filled by wife, have two kids 16 and 11. Two hearings ago, my lawyer was not present and my wife pleaded that no maintenance has been awarded and the case has been ongoing for 2 years now, she is finding it difficult to manage increasing expenses of kids. They claimed children's expenses as 32K, 16 K for just educational expenses, including coaching etc.

Wife is also working so, judged looked at my gross salary of 38K and awarded 5K maintenance for each child, 10K in total. However she didn't dispose the interim application and said she will dispose after interim arguments. She also gave 3 months to clear backlog of maintenance for three months. I didn't pay anything, so in last hearing my wife again started crying about maintenance, Judge said file execution and I will take coercive action. I paid 10K on the spot and judge mentioned in the order that I should pay the backlog asap.

Now its been 2 months since last hearing, three months from the original order has also passed, I have not paid anything more. Next hearing is in Feb.

Can my wife file execution and get my salary attached for payment of maintenance and backlog?

Can I now appeal against the order or should I wait till disposal of interim application?

Can the judge order withdrawl of money from my PF for setteling the backlog amount?

Regards,

Ajay

Reply Follow

1 Replies

Saurabh..V (Law Consultant) 29 December 2014

My question is - Why you don't want to pay for your own kids? Is there any financial restriction due to which you don't want to pay or is it just your enstraged wife whom you think is not worth this money?

My advice is that you go with clean hands to the court and the judge would be inclined to hear your pleas and (invisible) crying too. Crocodile tears in courts are well known to judges and they are prepared to handle them. But they also get helpless when you don't comply to their orders.

First pay the backlog and then appeal to the High Court. You must collect evidences regarding your earning capacity and attached expenditure which cannot be done away with. Depending on that you might get a modification or complete exemption.

Also try to find credible proofs about your wife's income. This will help you get the trouble off of your shoulder by 50%. The much you are a responsible parent, your wife too holds the same responsibility as a parent. so be brave & have faith.

Mark my words - Perseverance is the key in court cases.

//peace

/Saurabh..V