sachin (sse) 18 August 2011

Interim maintenance

i want to know whether interim maintainence can be challenged if order is pass by delhi high court .

can interim maintainenece be passed under HMA if she has itr return of 4.2 lakhs last year 2009-2010, was working last year but left the job 3 months after leaving me just to file maintainenece case ,also she has lic policy paying 50000 per annum .has corolla altis on her own name ,

also she highly qualified msc in maths and accepted she is taking tutions.

so roughly she has income of Rs 40,000 per month

i like to mention that i have income of Rs 100000 per month excluding liabilities .

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5 Replies

m.lxman rao (self employed) 18 August 2011

A women even if divorced from her husband is entitled to maintenance in the absence of permanent alimoney.

if you can prove to the satisfaction of the court as stated by you, there is every chance to modify the maintance order. further there are several decessions of various apex courts in this regard. not to forget every case will be dealt by the court basing on the facts of that particular case, so there is no hard and fast rule that mainanatnce should not be given to a working women. what the court looks at is to restore to her the same benefits and enjoyment as she was enjoying before.

adv. rajeev ( rajoo ) (practicing advocate) 19 August 2011

Yes it can be challenged.

(Guest)

surprised both are earning good, fighting for maintenance and why the judge has given interim maintenance... why they did not dismiss the case? unnecessary legal waste of time...