chanakyam (Consultant) 21 September 2010

Interim Maintenance

Hello,

My wife filed maintenance case under crpc125 on Aug 2009. Interim order delivered on 27 july 2010 asking to pay a sum Rs. 5000/pm and the arrears from the date of petition. I recieved the certified copy on 2sep2010.
Main case is numbered on sep 2009 and interim petition numbered in Apr 2010. I have following questions.The opposite party filed exec petition under crpc125(3). I am thinking for going for revision. I need your advice
Brief facts of the case:
Wife admitted in her petition she is working as software engineer in XXXX company,but during arguments opposite counsel said that she resigned and submitted a relieving letter to court.
she is a MCA graduate.
im also a software engineer

Required clarifications:

1. Is it suggestable approaching the HC for revision as wife was working as software engineer
and admitted the same in her petition
2. is there any time limit to approach HC after the order from the lower court?
3. what kind of relief i can get from HC
4. lower court asked me to pay the arrears in the next adjournment,
Can I tell the lower court that i am approaching HC and ask sometime
what will be the consequences if im unable to pay the arrears in the next adjourment.

5.is there any possibility of granting excess amount of maintenance

6.Is there anyway to find out her current employer (can I request the court to submit her income tax details, so that i can find out her current company)

thanks in advance..

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1 Replies

Siv (engineer) 22 September 2010

Hello Sir,

Approch High Court (HC) with revision reffering the admitted statment of wife that she is working. Also say to the HC that wife approached the court with out disclosing her salary and supressing the facts of the case that amounts to unclean hands and is atracting perjury.
Yes, time limit is 30 days and with condone delay petition 3 months from the date of receiving the certified copies.
Ask HC to set aside the Interim order and dimiss the original petition as well.
Yes, you can file MEMO in lower court saying that you need time to challenge the order within time limit.
If your revision is meaningless then court may impose fine but not increase of interim. If wife ask for more maintenance then court may think on that angle.
You can ask HC to issue summons to the wife to produce her IT returns being she already admitted that she is working that helps in many ways that she has LIC policies, bank accounts with balances etc.

say to HC that you are poor than wife and wife has properties and has no dependents so that if your income is more than wife then court will see that the wif status also better than husband hence no maintencne to wife.

If you win send me one month interim maintenance amount to me as fee.....will you.

Welcome.