Hello
My friend has filled a judicial separation and child custody. however his wife filled a maintance case. Below are the sequence of events happened and need to understand what is right way to come out of it and is there family court has right to dismiss the case of petitioner for not paying the interim maintenance.
1. interim maintance passed by judge in absence of petitioner(husband) on basis of said by Wife. amount was huge.
2.Husband filed appeal in HC for relief and still ongoing. Is there any way to ask court to check the bank statement of wife as it was not been leading document in family court. Is there a rule if evidences are not given in lower court(family court) then we in HC they are not considered to get relief?
3. if arears of interim maintance is not paid what are the problem which can be faced. Regular maintaince are paid however some amount particularly for 1 year not able to to pay due to huge amount and appeal was filled in HC. Now the judge keeps saying to dismiss the case or not allowing to further procedure in family court. What can be done and also what is the best solution.
Thanks
Nir
