Muru (Technician) 14 September 2012

Interim maintenance.

Dear Experts

I was married to a girl who was already married in 2008 december. After marriage only I came to know that she is already married. They did not show me any details about her previous marriage. We have a 2 years old female kid. Once wife got conceived she went to her home and refusing to come back to live with me till now. Her parents are taking her in wrong path. Her mother is a lawyer. Wife is very rich whereas am from average middle class. They are dominating me to be as their wish. As I refused, wife's whole family including wife beated me in a room for half and hour.

I went to police station. But no use. I have filed RCR. But they have filed for Interim Maintenance. Judge passed order without enquiry that I have to Pay Rs.5000 every month. But I have asked for enquiry. Now wife family says that Either I have to pay Rs.45,000 (Arears for 9 month) or I have to get back my main petition.

Next month I hope enquiry will be there. My family situation is I am not able to pay such Huge amount as I have to take care of my parents who are illness.My questions are as follows

1. During enquiry in court, if i ask my wife to come back to live with me, can i avoid paying interim maintenance?

2. If I leave my job now and be jobless, can i avoid my interim maintenance?

3. Suppose in a situation that i have to pay IA, shall i go to foreign and earn?

Kindly advise me..

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 14 September 2012

If your wife was previously married, had she obtained a valid divorce from her first husband before marrying you? If yes, then its ok but if no, then your marriage with her is void. You can challange the order of interim maintainance if you want. Speak to your lawyer about it.

1 Like

stanley (Freedom) 14 September 2012

As Mrs Archana has said check about the vaildity of divorce obtained .Is your wife working and against whom the maintanence order has been passed is it for your kid or your wife or for both . Even if you leave your job now and you are jobless you would have to pay maintanence as you are able bodied capable of working etc .But you can appeal against the order for revision and talk to a local advocate .

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Muru (Technician) 14 September 2012

Dear Sir/Mam

My wife is not working. The maintenance order has been passed against both wife and child.

1. During enquiry in court, if i ask my wife to come back to live with me, can i avoid paying interim maintenance? Every one knows that her parents are taking her in wrong path purposely for money, especially her mother who is a lawyer. They have done same harrasement to first husband also.

2. What is the duration period after which wife is allowed to do second marriage after getting devorce?