Intreme mentanance
amit
(Querist) 29 December 2013
This query is : Resolved
In my divorce case the family court have passed an intreme mentanance order of 5000 and now my wife have demanding intreme menatanance in dv case also,should i appeal in high court for revise of intreme mentanance order? some one has told me that if i appel for revision it might be possible that the high court will order me to deposite 100000 rupees as security deposit for revision of menatanance order
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
Why should the high court ask you to deposit Rs. 1,00,000/- s security deposit while considering the revision application for maintenance order?, is there a backlog of maintenance amount pending to be paid? In DV case you can argue that you have already been ordered to pay maintenance amount in other case in the family court, so you will not be able to pay an additional amount here also.
Dr J C Vashista
(Expert) 30 December 2013
Appeal is your right and untill there is some arrears of interim maintenance High Court will not pass any such order/ask for any such future amount/security to be deposited.
Devajyoti Barman
(Expert) 30 December 2013
You can always challenge the interim order. Such practice of depositing lump sum is not followed in WB though you may not get stay on the order impugned unless you continue the pay her interim sum of money.
Go for challenge if your income does not support such amount of maintenance.
ajay sethi
(Expert) 30 December 2013
answer query raised by expert as to whether there is backlog of payment of maintenance by you
Rajendra K Goyal
(Expert) 30 December 2013
Order can be challenged, no deposit is required for such appeal.
amit
(Querist) 30 December 2013
court have pass order in this month of december and asked me to pay meananance from the date the applaication was filed,ie for last 5 months mentainance to be gaven
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
If the order for maintenance was made very recently and if you are well within the limitation of the appeal period, you can argue that once a revision or the appeal is decided, you will comply with the court orders accordingly. You do not have to deposit the arrears of maintenance amount from the date of application before the appellate court,somebody has misguided you.
amit
(Querist) 30 December 2013
My layer was telling me that i have to pay it from the date when it was filed..it is written in mentanance order also that the mentanance should be paid from the date from which my wife have filled the application
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
there is no dispute about when onwards the maintenance amount to be paid, since he order is passed very recently, you are well within the time limit to file an appeal or revision against the order, thus if you are aggrieved by the order, you may file the revision or appeal before high court immediately without depositing any amount as have been wrongly told to you by some one.
Dr J C Vashista
(Expert) 31 December 2013
The effective date of commencement of payment of interim maintenance has been mentioned in the Court order.
Devajyoti Barman
(Expert) 31 December 2013
If the order says so then you have to pay maintenance fr4om the date of application only.
However such order is bad in law if the court does not give reason for ordering to provide maintenance from the date of application.
Dr J C Vashista
(Expert) 01 January 2014
I wish all the visitors, LCI Staff and members a very happy, healthy and prosperous New year.
The decison for effective date for payment is discretion of Court depending upon various factors and justified (but need not mention the reasons), which can either be from date of application or order.
Rajendra K Goyal
(Expert) 01 January 2014
Reciprocate the wishes to the expert Dr J C Vashista ji. Happy new year to all the LCI members.
Agree the orders would be effective from the date mentioned in the order. If not satisfied appeal can be done.
V R SHROFF
(Expert) 24 January 2014
You did not plan well, and started war, and injured yourself.
Its Foolishness on your part to file Divorce Petition, and you have to pay thru your nose for this silly mistake..
When start WAR, first analyse the weapons that opposite party may use against you.
You started WAR.
Could you injure her?
You became wounded soldier of your own...
Law is weapon, use it pre-planned, or it injure you only, REMEMBER IT WELL.
NOW PAY HER, GIVE HOUSE, SELLING YOUR HOUSE, BREAKING YOUR HOUSE!!!!
BREAKING HOMES IS VERY EASY, AND VERY PAINFUL TOO..
THAT'S WHY WE TRY TO SAVE MATRIMONIAL HOME..,
SMILE, NOT CRY , IS THE ANSWER..
