Interim maintainence order
Hercules
(Querist) 13 July 2012
This query is : Resolved
Sir,
My wife filed for divorce in June 2010. I have a kid who is 5 years and staying with her. She has done her B.ED / MA. I told one of my relatives who helped her to get job in ICSE school. My son goes to the same school with her.As per my knowledge she earns about 15-20 thousand per month. I used to earn about 30 thousand. But i was terminated from job since june1 due to my constant leaves on account of court matter.
The district and sessions court judge awarded her an interim mainteinance of 7500 per month on 12th april 2012 for her and the child from july 2010 till date and the divorce matter is still continuing.
Question : 1) since she is working can she be entitled for interim maintainence. Also the child goes to same school and no school fees for him very ltd expenses.
2) The interim mainteinance was awarded when i was working but since 2 months i am jobless. should i opt for revision of maintainence order in same court or appeal in high court. I have a old mother who is sr citizen partially handicap and widow dependant totally on me.
3) where has the appeal to be filed in family court bandra or high court mumbai
Thanks
ajay sethi
(Expert) 13 July 2012
apply for modification of order on account of fact that you are jobless and that your wife is earning 20,000 per month .
R.K Nanda
(Expert) 13 July 2012
1.No.
2.File review application in the same court stating therein about ur being jobless with
ur affidavit.
3. No need to file any appeal.
Hercules
(Querist) 16 August 2012
Respected Sirs thank you very much for your reply.
I am in the middle of a more serious problem because of the interim mainteinance order
and would request you to guide me on the following.
My wife filed for recovery of dues of the interim maintainence and I received a summons from the court. On the due date I went to the court. My lawyer told me to arrange for some money so I could make part payment. I made a mistake, I met my wife’s lawyer and told him I am presently jobless and cannot pay the entire amount now and will make part payment. I than came home and arranged some money and went with the money to the court in afternoon, made application for part payment and appeared before the judge. The judge told me he has made an ex-parte order against me. I believe my wife’s lawyer must have done this purposely.
What should I do now with respect to following.
1)Appeal in the High court against the interim order or what is the best alternative available to me in the local court.
2)My wife has filed a 498A against me and my old handicapped mother who is 75. One of my relatives is a witness as she had came to our house to solve our matter.How do I get 498A solved.
3)My wife’s lawyer is demanding 50 lakhs to remove the 498A. We only had some
household issue. My wife was not ready to stay with my mother. I am ready to accept her but she is not ready to come and insisting on divorce. All my efforts to get her back through relatives and acquaintances have failed. Should I continue to fight in court or ask her lawyer to settle it by mutual consent by a particular amount. I also have a small son who is 4 years, I am ready to bear his expenses till he is 18.
4)Is my wife entitled for any final amount after the divorce as she is working in an ICSE school in senior section earning 15-20 thousand per month. Most probably she may be marrying again.
Thanking you sincerely and awaiting your responses.
