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Dhyan Singh (service)     10 August 2024

Interim maintenance from the date of order

As per page 48 and 49 of Rajnish Vs Neha judgment, "Date from which Maintenance to be awarded" was decided as "date of application". In reality, most of the times, apllicant wife doesn't submit her asset and liability affidavit alogwith the application. Filing section doesn't put any objection when such incomplete applications are filed. The unscruplous wife keeps on delaying the submission and court keeps on condoning delay while putting cost on husband for not submitting his asset and income affidavit. The court gives long dates and the matter of interim maintenance stretches for at least 1-2 years. Then, when maintenance is awarded from date of application husband get huge arrears and faces execution proceedings incl. jail time, salary attachment, section 82. So, the queries are:

  1. How is the husband at fault when filing section didn't put objection at the time of filing?
  2. Why is the husband at fault when non-filing and delayed filing of wife's asset and liability affidavit is condoned by the court?
  3. Why does husband pays the price for long dates of hearing given by court for deciding matters of interim maintenance?
  4. How to bound down court to award maintenance from date of order?

 



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

  1. Even though the orders passed will be from the date of applicaiton, generally the trial courts allow the respondent to pay the arrears amount in easy installments along with the regular monthly maintenance, you can very well request the court to grant time to settle the arrears, which will be considered by court.
  2. It is the duty of the advocate of the husband to insist the court to direct the complainant to file the affidavit instead of blaming the court.
  3. The long dates given by court is owing to several facts involved which includes the burden of court.
  4. Question not understood.

Dhyan Singh (service)     10 August 2024

Dear Sir, 

Thanks for your quick response. Regarding #4, I want to go to High court and get directions for passing maintenance order from date of order. The main reason being the clear prejudice of court in selectively not following the R Vs N judgment regarding mandatory filing of asset and liability affidavit but following only the part where maintenance to be paid from date of application. Husband should not be bound down to pay for  mistake of filing section allowing the case to be filed w/o the affidavit. So, the query in #4, is whether I should file a writ of mandamus immediately at high court and get directions for trial court to pass maintenance order from date of order?  

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

Neither writ nor a criminal revision petition or an appeal would be maintainable. 

Your petition will not be entertained nor it will be maintainable. 

Anand G   11 August 2024

take the objection in written and submit. take short dates and files reminder pursis every time and make sure that all the pursis and memo have the crlmp numbering. even though she is not submitting than file a application of dismissal with the heavy cost.

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