Handicap & Unemployed husband needs to pay Rs. 9000 Interim Maintenance? How?
Husbands Background:-
- Was working in England for 5 years until he lost his job because of a car accident.
- Husband partially handicap, and the UK work/job profile doesn’t suit Indian standards, so that’s another reason he cant get a job in India, apart from being handicap.
- Husbands mother is taking care of most of the expenses/medication.
Wife’s Background:-
- Highly qualified with a Ph.D. Degree, and works as a Class-I officer and draws a salary of Rs. 78,000 (Per-Month) + Rs. 47,000 rental income from her own flat in South Mumbai.
- She is asking for Rs. 45,000 maintenance based on husbands UK income, which was denied, as husband is in India,---- handicap and unemployed.
Interim Maintenance for Daughter:-
- She is 5 years old.
- Wife is not ready for co-parenting or visitation rights, just asking for maintenance money.
- Ever since she returned from UK when our daughter was 2 years old, she never allowed husband or his side of the family, to see her for last 3 years.
QUESTION:-
- Judge decided that the handicap & unemployed husband should pay Rs. 9000 as interim maintenance, even when the opponent couldn’t produce any proof of husband’s income (as there is none). Is this just a guess work on Judges behalf?
- What can I do to challenge it? Go to High Court?
- Its been almost 2 years that the case is running, so will I have to first pay Rs. 9000 X 24 = Rs. 216000 before I could open a case in HC?
PLEASE HELP. (I have a good lawyer representing me, but still I have heard many cases where judges are lenient towards children and especially WOMEN, under the name of WOMEN’S EMPOWERMENT, but this is illogical & legal extortion)