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Rajaramana RV (Employee)     28 November 2014

Interim maintenance when awarded

Dear Experts,

Mediation is over and wife does not want to come back. Next date I have to file reply.

In her petition shes asking for interim maintenance and wants it to awarded urgently.

What I want to know is when will be the interim maintenance be awarded. Will Judge order it on next date or will it take some time. Do hearings happen on interim maintenace and do we have to show judgements of the same? 

I have to be prepared in case it is awarded as I do not have much savings. Will the interim maintenance be applicable from date of filing petition or date when judge awards it. What is the usual practice?

Kindly help this troubled soul.

Thanks a lot to the forum experts here as they provide mental peace and help people navigate through the tough legal scenario.

 

 



Learning

 2 Replies


(Guest)

Dear Rajaramana RV:


There are two types of maintenance,

1 Interim, until case is running.

2.  Permanent u/s 125 crpc.


First one you have to give.  Such will be ordered shortly, in the initial stages of the trial.  

If your wife is working you should make known to court that she is working or was working, give her old salary slips, give her employer address [summon the employer], give her bank account number. More over, in your reply state that she has left you on her  own accord without any rhyme or reason and make use of the attached judgement.  Then court wont give any relief to wife.  Honorable SC, has long long back observed that no relief should be given to wife who deserted husband on her own wish.

So it depends on the above explained factors as to whether court will order maintenance, interim or permanent.  Such IA ordered will be from the date of its application and not from the date of order.  Usually court will give time for you to pay money, it wont  force you suddenly to pay the balance.


My advice to you is, keep paying little by little if the court orders some maintenance, take sufficient time to pay the whole balance.  Maintenance ordered is usually 1/3rd of take home income [gross - deductions - expenses = take home salary] you are also supposed to file your statement which shows your take home income for court to arrive at a appropriate figure for IA and also permanent maintenance.  And arrears can be claimed for only 1 year.  At end of 1 year, sweety wife should file application for IA, for that you have to reply and if there is any change in your job or income, file appropriate change in circumstances application u/s 127.

 

Sorry.  Forgot to attach judgement.  Will attach in next reply.


(Guest)

This judgement you can use in your case.  There are other judgements too, but due to some technical glitch not able to post it here.  Admin would you look into this? Thanks.


Attached File : 888279192 that a wife is not entitled to maintenance who has deserted her husband.docx downloaded: 205 times

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