I am the petitioner (chennai) in the Divorce case filed on the grounds of mental cruelty.  My wife recently won a Interim Maintenance u/s 24 (HMOP). She claimed 8000/= for both self and minor son, who is under her custody. The judge ordered to pay Rs.1000/= each with effect from the application date. There is also an IA petition of mine for Interim Custody of child (Son – 6.5 yrs at present)  in 2006, pending before court.

Now my questions are:

a)  Can I challenge the judgment citing that she is highly educated and able bodied woman, who worked in the capacity of Subeditor before marriage and also working now as freelance journalist. She is M.Sc and I am B.Com. (There is proof and the same was marked as exhibit in written arguments in the HMOP.  I marked 2 citations of Supreme Court judgments along with counter.)

b)  I am a freelance writer, translator. My income is between 3000-4000 pm only. Can I file a CRP to quash the lower court judgment, partially i.e. denial of interim maintenace to wife?  or should I pray the court to reduce the maintenance amount for both, as the same is beyond my capacity.  I am ready to pay Rs.1000/= pm.

c)  I want to win the interim custody of the child and/or permanent custody of my child.   I am afraid and confused whether I should appeal or comply with the lower court order (w.r.t. Interim Maint), to make my position stronger in the custody case.

d)  Should I need to remit 50 per cent of the interim maintenance + litigation expense as ordered by the FC, for filing CRP?   It comes to Rs.22,500/= --for 20 months.  In fact, at best, I can pay around Rs.10,000/= only.