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Ravi Chaturvedi (AM Logistics)     06 May 2016

Interim maintenance

Hi, My case is related to desertion and the divorce proceedings are on. My spouse has filed for interim maintenance. My lawyer has suggested to refrain attending the subsequent dates and the other party may also stop coming over a period of time, thus the case may terminate and i need not have to pay anything. However i am not fully convinced if he is suggesting me the right way or just trying to absolve his responsibilities to fight my case on the settled law of desertion where no maintenance is supposed to be paid. Moreover for interim maintenance also, i read that the law says - "No wife shall be entitled to receive an 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding , as the case may be] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent." In my case she has not returned back to her matrimonial home despite my recursive requests and i do have the proof of such communications. Please suggest what am i suppose to do at this point of the case.



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 2 Replies

Vijay Raj Mahajan (Advocate)     06 May 2016

You filled for divorce on the ground of desertion of more than 2 years in these proceedings your wife has filed for interim maintenance during pendency of the divorce proceedings. Here the law you are mentioning is u/s 125Cr. P. C that has nothing to do in your present maintenance matter. Here a spouse who has no sufficient means to maintain itself during proceedings under the Hindu Marriage Act as may in your case such spouse will be allowed monthly maintenance till the main divorce petition is decided. Once that get decided, the maintenance order comes to an end and for seeking further order for permanent maintenance and alimony another application has to be made in the court. You must continue the case and try to show the wife's means to maintain herself so no or minimal amount of maintenance to allowed. Get your divorce matter expedited asap without any delay.

Dana Kayoni (Expert Humanitarian and Lawyer)     07 May 2016

Originally posted by : Ravi
Hi, My case is related to desertion and the divorce proceedings are on. My spouse has filed for interim maintenance. My lawyer has suggested to refrain attending the subsequent dates and the other party may also stop coming over a period of time, thus the case may terminate and i need not have to pay anything. However i am not fully convinced if he is suggesting me the right way or just trying to absolve his responsibilities to fight my case on the settled law of desertion where no maintenance is supposed to be paid. Moreover for interim maintenance also, i read that the law says - "No wife shall be entitled to receive an 4 [allowance for the maintenance or the interim maintenance and expenses of proceeding , as the case may be] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent." In my case she has not returned back to her matrimonial home despite my recursive requests and i do have the proof of such communications. Please suggest what am i suppose to do at this point of the case.

Are you teaching me law? If you are so confident about your knowledge about law, why even come to this forum?

 

For all this, I need to see your wife's papers and only then can give correct advise.  You dont even know your own case details properly.

 

Consult a lawyer locally in person, and if you have alrady done so, have faith in your lawyer than simply comiing to online sites to check your lawyer's knowledge.

 

What your lawyer has suggested is commiting suicide, looking at how arrogant you are, he has suggested you correctly.

 

Sir, first change your lawyer, start attending dates religiously, if exparte orders of maintenance are issued to correct it you will have to move heaven and earth + changing lot of lawyers, and spending lot of money and even may face arrest warrant.


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