Preventing an interim maintenance when ex-parte order pending u/s 9 of hma by husband
DNJ
(Querist) 10 February 2013
This query is : Resolved
Sir / Madam,
I have filed RCR u/s 9 of HMA on 30-Mar-12. This is now pending AFfidavit of examination in chief for the ex-Parte in Mumbai family court. Separation is 3.5 years.
My wife has filed Cr PC 125 and DV 12(1) for claiming maintenance and compensation at Nasik in Sep 2012. The arguments is now on interim maintenance where my wife's lawyer has demanded me to produce my income proof. I am a salaried employee earning income around 15-18 lacs p.a. by salary. My 2 parents are dependent upon me and are ailing the monthly expenses are around 1 lac. I also have a 3.5 years old son.
Please help me fight the interim maintenance and how can i defend the production of income documents. I don't have any problem in producing the same but my wife has deserted me for over 3.5 years. I am ready to pay the interim maintenance of rs. 10,000filed by the wife in the application. Case studies / sections that can help me here will also be helpful.
Please help. As always, thank you for the guidance.
Rgds,
DNJ
ajay sethi
(Expert) 11 February 2013
you are earning 18lakhs per annum . you can easily afford legal fees . contact a local lawyer
Guest
(Expert) 11 February 2013
What a contradiction, a salaried person as per query, but a proprietor of some firm as per profile particulars!
Please contact some local lawyer with all details of your case.
R.K Nanda
(Expert) 11 February 2013
take help of local lawyer.
DNJ
(Querist) 12 February 2013
if you experts don't want to guide that's a separate question. please don't just bang on the income of a person stating one could afford a lawyer. i was here to understand if this forum of experts could help me fight the case genuinely.
i do have lawyer appointed but i thought the lawyers club is a group of experts providing expert advise but looks like it's the otherway round.
Guest
(Expert) 12 February 2013
Your initial query did not give any inkling on your appointment of any lawyer.
If you have already appointed a lawyer, as you stated, you could better have based your query on some doubt, if felt on the advice of your lawyer, rather than asking, "please help me fight the interim maintenance and how can i defend the production of income documents."
ajay sethi
(Expert) 12 February 2013
our objective is to help litigants who cannot afford legal fees . in your case you are earning Rs 1. 5lakhs per month and can easily afford to enggae best lawyers . hence we advised you to engage local lawyer
in any case it is in your interest to produce your inomce tax retruns
R.K Nanda
(Expert) 12 February 2013
no more to add.
Ramesh
(Expert) 18 February 2013
You say that you are ready to pay the amount demanded by your wife. In such case no further inquiry is necessary. You may seek for the petition to be allowed as prayed and thereby you need not produce any evidence.
prabhakar singh
(Expert) 18 February 2013
"I am ready to pay the interim maintenance of rs. 10,000 filed by the wife in the application."
If your this sentence is meant to be understood as the interim maintenance amount
demanded by your wife in her application is only ten thousand ,THEN the best course for you is to agree for that without raising any objection,that way you would not need to furnish your salary sheet details.Otherwise also 10k demand is not more having regard to your salary,even if you have parents with medical expenditure.
You have not stated in whose custody the son is?If this demand is inclusive of son also then it even more better for you.
