High interim mentinance
a
(Querist) 16 December 2012
This query is : Resolved
Madam/Sir
A lower court in Delhi fixed a very high amount approx Rs 40000 (Forty Thousand) per month as interim maintenance in a case filed by estranged spouse.
The learned judge ignored the fact that she is an Income tax assess herself and is earning and hiding this fact, and successfully managed all thru the proceedings as she maintained that she is not earning.
The judge in her extremely biased decision asked me to pay arrears from the date of filing of case. The judge also ignored the fact that she left her on will and it’s a matter if desertion. As there is no other harresment issue reported.
Now the matter is put up for an appeal in a higher court and I’m worried about the outcome.at the same time i heard the other party has filed for execution and i do not know what this would mean for me, though my lawyer is of the opinion that these are normal legal proceedings.
Lastly I’d like to add here that I’ve now found that this lady is now working full time with a reputed institution and earning high salary........, if I’m able to produce some proofs of her earnings and also that she has been hiding her income from the court.............
Do i stand a chance to save myself from a hefty interim maintenance; secondly can i request court to intervene and ask her to close the matter by mutual consent?? as the matter seems to be getting draged and divorce seems no where near.
A guidance will be most appriciated, as i feel cheated and humiliated and see no hope.
Raj Kumar Makkad
(Expert) 16 December 2012
If you have evidence of her working on very good salary even at the time of her filing the petition then you can file a separate criminal complaint under section 340 of Criminal Procedure Code and this fact/evidence shall also be produced before appellate court and a stay should be obtained against the execution of the interim maintenance.
ajay sethi
(Expert) 16 December 2012
if wife has been earning and you have documentary evidence of said fact imogned order passed by magaistrate would be set aside and no order for interim maintenance passed .
ajay sethi
(Expert) 16 December 2012
what is your monthly income . you have not disclosed said facts to the experts
Raj Kumar Makkad
(Expert) 16 December 2012
The monthly income shall be more than 1 lakh per month due to which trial court has to pass such heavy amount of maintenance against him/
