High interim maintenance provided by family court in crpc 125

You can stop paying the maintenance amount if she is not appering before court , you can inform court that you will pay it to her if she appears before court regularly. 

You produce the docuemntary evidences before court about her employment and file a petition to reduce the maintenance amount on the basis of the change in cirsumstances 

The court will not tolerate disobedience of its orders.

Any suggestion as to quantum of maintenance depends upon the grounds on which the Court had granted such a substantial amount in its inerim order. You have option to challenge the said order in the higher court. There are very many ground on which the ex-wife is not eligible for excessive reliefs.

You certainly have the seek visitation rights.

You also have the option to move the High Court under Article 227 seeking direction for expeditious disposal of the cases.

Did you challange the order of passing interim maintenance @ Rs. 40,000/- per month ?

Are you contesting the case filed by your ex-wife for setting aside decree of divorce and other case(s), if any ? If so, what is the opinion and advise of the lawyer engaged / paid by you ?

Thank you every one for your guidances - deeply appreciate and very grateful. Trying to share some more details based on your inputs : 

@Dr. J C Vashista - The interim order of maintenance was passed on Oct, 2022 and my then advocate did not even inform me about the order. He started to put pressure on me from Dec, 2022 asking me start payment of maintenance. He also started questioning my ex-parte divorce order and encouraged me for outside court settlement by paying lumpsum amount. 

I suspected some foul play and sought opinion from other lawyers in Jan, 2023 who advised that the period of appeal in higher court was already over and I need to start paying maintenance and then decide the next steps. I switched lawer and started paying since Jan, 2023 but the as per court order maintenace to be paid from the date of filing of CrPC (Feb 2022) which is already in arrear of INR 400,000 which I have not paid yet. 

Since then my new lawyer tried to File Criminal Revision in May, 2023 at Additional District and Sessions court (Sealdah, Kolkata, WB) which is immediate higher up from Family court but my appeal was rejected. I did not approach High court Kolkata with the apprehension that high court will first ask me to clear the arrears before hearing any argument (Will be very happy to get suggestions here)

As per my current lawyer - we are trying to get a final order from the family court before taking next steps. Here is the challenge I am facing - ex-wife doesn't turn up and only discussion that is happening is the payment. Court has ordered me to pay full maintenance of INR 40000 till the disposal of the case which I am doing but the case is not progressing at all. 

I have also challenged the petitition of setting aside the divorce order which is being contested by my current lawyer, in a different court (Barasat court, Kolkata, WB). As per him, my ex-wife has no chance of winning that case. But here also opposite party is engaging in the same tactics - either not turning up for hearing every other month, or asking for more time. This case has also dragged for 2+ years now, but the pain is less for me since at least I don't have to pay such a huge amount to the opposite party. 

An order passed by Family Court can be challanged u/s 19 of the Family Courts Act, 1986 before Division Bench of the High Court, wherein District & Sessions Judge has no power to adjudicate any appeal against such order. 

@P Venu - yes my current lawyer has discussed with me about approaching high court for the reasons you mentioned. But as I mentioned above, he advised that high court will most probably ask me to clear the arrears of INR 400,000 first before proceeding with any kind of hearing.

So he advised to try and clear the case in the family court first, get a final order and then approach high court as needed. But the challenge is - opposite party is not turning up for any hearing and each time providing excuse like not well, child exam, etc etc. I have been paying for 21 months now without any progress in the current case. 

Another problem I face is that I live in Bangalore due to my work, both the cases are in Kolkata. I have tried to travel some times to be present in hearing but it is not always possible and has to rely on my lawyers communication about the hearing on ground. I also do not have support system in Kolkata who can be present on my behalf. Any suggestions on how to tackle such scenario ? 

@T Kalaiselvan - Problem is, I live in Bangalore and the cases are in Kolkata. So it is not possible for me to attend the hearings personally every time, and opposite party is making this as an excuse. I have been present few times but it is not possible every time for me.  

Also I don't have documentary proof of ex-wife working now, but have proof of her past experience and educational qualifications. Will these help in securing a final order and reduce maintenance from this court ? I am not looking to obtain child custody. 

@Dr. JC Vashishta - Within the circumstances will it be advisable to approach high court ? What about the arrears of INR 400,000? Will that be an hindrance to get final order from family court ? 

My objective is also to get a final order from family court and then decide on next steps, since its already more than 1.5 yrs that I have been paying maintenace. Greatly appreciate suggestions from all