Interim maintenance

Mr. Naresh,

Maintenance is subject matter of proceedings, infact yes she can has right to claim interim maintenance. 

Let her file petition to that effect and you will be getting opportunity to file counter as well.

 

Rajesh Kulkarni

Advocate

07799116901

Hi Rajesh Thank you. In fact she has already filled interim petition for which my advocate has already filed objection. My question is can I use phone call recorded conversation as proof.

Yes you can if it is relevant. Let your counsel listen to it first to extract the facts from it those could be vital as per law. If the conversation is irrelevant, better not produce it.

Interim maintenance will be decided based on your income /earning capacity, and will not depend upon the audio recording you have. Maintenance gets decided on financial docs you submit or any proof that your wife submits to the court about your earnings.

 

Is your wife working / capable to earn...........if yes then she will not get maintenance if her earnings are sufficient to maintain herself.

Maintenance can also be denied to your wife if you prove she deserted you without any valid reason.

 

Your lawyer will guide you on this in detail

She refused to stay with you is not a sufficient ground to deny maintenance. You have to prove that she voluntarily deserted you. Audio may be included at the time of evidence only not while deciding for the interim maintenance.

 

Interim maintenance is a part relief till the final maintenance is granted and the amount you pay now would be subtracted from the final amount. If you have any favourable grounds, you may challenge the order in the HC & put a stay on the order.