Interim Maintenance
Ria
(Querist) 29 August 2009
This query is : Resolved
Respected experts,
Mine is a divorce case and in this the court had granted me interim maintenance, however my husband paid the interim maintenance for few years.
But now since one year he did not pay me maintenance and also did not appear in the court even thought the court had issued a notice of appearance.
Now when the court had passed an order to proceed exparte my husband has given and appication to set aside the exparte.
And since I filed a recovery petition for interim maintenance he has come up with the application of change in circumsatances due to retirement that also after one year of non- payment.
I would like know that :
1) Can the Respondent after one year of non-payment of interim maintenace, when a recovery Petition is filed by petitioner(myself), give the excuse that he retired one year back and therefore could not pay ?
2) Can I claim maintenance from the PF and other retirement benefits that the husband has received ?
This marraige is of 30 years and he deserted me and my daughter 5 years back, now since my daughter (unmarried daughter aged 27 years) is working my husband is trying to shift the whole respobility of my maintenance on her.
Please advice.
Ria
(Querist) 29 August 2009
Please advice as early as possible.
PALNITKAR V.V.
(Expert) 29 August 2009
your husband is liable to pay the interim maintenance so long as the order is not modified by the competent court. he may plead that he was unable to pay the amount due to retirement. But you can still claim the arrears of maintenance. PF can not be attached. But other emoluments that he is likely to get can be attached. similary, once the amount of pf is deposited in his bank account, that becomes attachable. The husband can not shift the responsibility on the unmarried daughter when he is able to pay maintenance to you.
vinjamuri ranga babu
(Expert) 29 August 2009
hello,
you can claim maintenance through recovery of his terminal benefits and you can also claim marrigate expenditure of your daughter from her father.
vr
Sachin Bhatia
(Expert) 09 October 2009
Yes you can claim maintence, your husband is liable to pay the interim maintenance so long as the order is not modified by the competent court.
Sarvesh Kumar Sharma Advocate
(Expert) 29 August 2009
