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kalyan (engineer)     28 March 2015

Interim maintenance order

Husband filed for divorce. Wife filed for restitution of conjugal rights was dismissed. Judicial separation was given. During trial, wife asked for interim alimony and 10k per month granted even though husband is jobless. Husband didn't pay a rupee. Now he wants to pay 1000 rs per month for his child based on his present income. What is the procedure to pay this amount in court? Lawyer says court won't accept it because order is for 10000 rs. Is it true? If yes, will it not unjust? Husband tries to obey but system stops him.

Please guide.



Learning

 7 Replies

Dr J C Vashista (Advocate)     28 March 2015

The husband is liable to pay the amount ordered and not as per his choice. If aggrieved may file an appeal in higher court.

kalyan (engineer)     28 March 2015

If husband monthly income is 3000 rs per month, how could he pay 10000 rs? Isn't this unjust?

kalyan (engineer)     28 March 2015

Also, wife filed this petition for interim alimony just to threat husband. Even though husband didn't pay till date, wife didn't approach court for execution of order. Don't this show wife lives comfortably? Also, during cross examination wife stated, she is having higher financial status.

Adv. Chandrasekhar (Advocate)     28 March 2015

If father wants to send Rs.1000/- he can send it by money order to the mother expressing his desire that has to be spent for child's needs.  Non filing of execution petition by wife does not mean that wife is living in comfort, it may imply she does not want to estrange the husband further so that restitution  may happen after some time.  Sending of Rs.1000/- to the child but defying court order to pay Rs.10000/- to the wife also can be understood obliquely that he wants to file custody case and is piling up evidence to prove his love towards his child.  Courts are not thumb sucking children but astute to understand the street smartness of the contesting parties.

kalyan (engineer)     29 March 2015

Husband is not going to ask custodial rights. Even, he didn't want visitation rights. He wants to contribute something to the growth of child and needs peaceful life. If he earns more he pay more. How could a person can pay constant maintenance if he doesn't have constant income? Wife did not produce any proof for his present income.

T. Kalaiselvan, Advocate (Advocate)     02 April 2015

The facts which are  stated here ought to have been narrated before the court at the time of trial, if the trial court was in no mood to listen then an appeal should have been prepared before the higher court, you cannot ask question that how  and why here  after an order has been passed by court already in this regard. The court order cannot be taken lightly which will amount to contempt of court.

kalyan (engineer)     02 April 2015

Thank you Mr. Kalaiselvan. The truth is totally bitter. Interim maintenance was awarded immediately on the next hearing (within a week) to wife even though I have stated that I am jobless in my affidavit. No cross examination & no evidences from both side. Judges are always having soft corner on females irrespective of financial status & educational qualifications. If judgement gives hard targets what would I do? I gave 3000 rupees but her lawyer refused to accept it. Her lawyer says that I have to pay in lakhs if I go to court after 1 year of judicial separation and if they oppose the petition the court will not allow my divorce petition. Don't it mean justice is linked with money?


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