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KARTHIKUMAR S (Asst. Professor)     22 January 2013

Reg: intrim maintenance

Dear Sir, I am an ME graduate and presently working in a college in Chennai and my wife is BE graduate and presently doing ME course (Final Semester). I have applied for divorce in 2010 in a sub court (taluk division) and she responded with intrim maintenance, Now intrim case is running and divorce case is in pending. She claims that she is not working, but I know she is working bcz my friend is also working in same college. Since she undergoes ME course in full time, the college is not maintaining her working profile and I'm unable to get proof. She claims an intrim of 7500 per month. My questions are as follows,

1. Should I pay child alone or for both?

2. If I want to appeal further (after getting result from sub court for intrim) where can I appeal either in District court or in chennai High court? Is it possible to apply in high court with out going to district court. kindly help me in this regard.

Thanking you,

Karthic.



Learning

 2 Replies

Tajobsindia (Senior Partner )     23 January 2013

 

 

Originally posted by : KARTHIKUMAR S

 

1. Should I pay child alone or for both?
Take: Actually it is not upon you now when Court has seized the matter. You have to wait for the Order of the Court.

2. If I want to appeal further (after getting result from sub court for intrim) where can I appeal either in District court or in chennai High court? Is it possible to apply in high court with out going to district court. kindly help me in this regard.
Take: Before Division bench at State's HC as the matter under appeal is from a Family Court.

PS: You badly need to read past messages which we discussed in this form on 'educated wife is not entitled for maintenance and few case laws also are there" Also you need to hire a detective on his letter head to bring evidences of your wife's working to the knowledge of the Court.

 

 

 

Rahul Kapoor (Legal Enthusiast)     23 January 2013

hello,

in anyways u need to maintain your child.

there are many case laws on the facts that working wife or wife willfully abstained from working is not entitled to maintenance.

you need prepare a strong defense.

 

regards-

rahul.gogreen@gmail.com


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