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J. Gopinath (Freelance writer)     21 June 2010

Strategies for appeal against int.maint.order

Our marriage survived only for 5 months. She is postgraduate, who worked as subeditor before marriage.  Because of her obsessive compulsive and narcissistic behaviour she caused a lot of problems and ultimately deserted me. I am petitioner in Main OP (divorce) on the grounds of cruelty and IA petition for Interim Custody of our son who is 6.5 years now. I am ordered to pay Rs.3000/= as interim maintenance to her & our son, even though I am providing all the nourishment, dress materials, toys to our son since his birth on monthly basis. 

As my monthly income itself is Rs.3000/=, I could pay only Rs.750/- at the maximum.  FC chennai recently ordered me to pay the IM from the application date that runs to Rs.60,000/=. 

Now, I the following questions:

a) Is it true that my appeal will be admitted only if I remit 50% of the interim maintenance arrears amount? The judgment is absurd and what should I do since it is apparently beyond my capacity.

b) Should I file a CRP / CMA seeking to quash the Family Court order partially (for wife's part).  OR Can I file a writ for interim stay for the above order?

c) She is working as a freelance journalist and that I cannot prove her income. What are the fruitful strategies to quash the lower court order in High Court? Pls give citations of judgment relevant to this case.

d) As I am willing for a compromise (as I am afraid with the gender biased laws of our country) on partial custody (but they are not willing), should I file a separate petition or pray the judge to treat my IA petition as seeking partial custody?
 
Thanking you in advance.



Learning

 3 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     21 June 2010

For the first time there is an intelligent thread on this site. otherwie similar cases one side is either quoting host of citations or blaming advocates and on the other side legal and non legal persons suggesting quashing application to HC u/s 482 of CrPC.The final result no solution for the trevels of the sufferer.

Now your problem is that you do not have income more than three thousand per month. Do you have income proof , otherwise how your spouse got order for interim maintainance. She must have produced some evidence of your income.

You have two alternatives of counter offence. If you are not in regular service and if possible change your location and at the same time file revision for reduction to nil for maintainance order. At the same time produce evidence for heavy liabilities loans from friends which you took to keep your spouse in good humor. And and much much more offensive action.Be ruthless and bold and produce evidence regarding conduct and behaviour of your spouse such a battery of male friends. Than only you can even think of coming out of gender favorite laws as you have rightly mentioned. WISH  YOU LUCK GO AHEAD AN FIGHT WITH YOUR FULL MIGHT.

Arup (UNEMPLOYED)     21 June 2010

a) no.

b) file your case at  district court under whom fc working.

c) think, how can you prove her income. this will less your burdain.

d) pray for rcr. but there is a posibility,  to avoid rcr, she may file 498a or dv.

Arup (UNEMPLOYED)     21 June 2010

pray stay order on fc ruling.


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