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jasbir singh (498 a/125 ipc)     15 May 2014

Interm maintence

a 498a harssad husband got decree of rcr sect 9 and does not pay interm maintence that has been orderd by lower court for 2.5 yrs and after 3 years of that his wife get expartee of divorce petiton fied by her and the lower court now reject his application and objections to stop the maintaince now the appeal in sesson court is the remedy  he also filled a satitsy against his wife divorce expartee  please tell me experts how to protect or save him form arrest  and what can happend on apeeal to get stay on maintence   

plz  as early  thx



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 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 May 2014

even if you file an appeal against the interim order, the main petition in the Family Court will continue.  You need to fight it properly otherwise it will prove very costly to you considering the amount of interim maint. awarded and your salary. So, don't take it lightly. The maintenance has to pay till she gets another marriage, or till she gets income on her own. You have to prove this in the court of law. So that maintenance can be discontinued.

Anand Bali Adv. (Advocate Solicitor & Consultant)     16 May 2014

I agree with Mr ramachary64, Even if you appeal against the IO the main family Court order will sustain along with the maincase. So it is better to start paying off the maintenance amount.

jasbir singh (498 a/125 ipc)     17 May 2014

sir she is enjoying adultry life and to prove this is very difficult task because her reltion with his real uncle and they are living as joint family and she does not wish or no need to marry again 
i am shocked husband has a decree of sect 9 and the lower court judge orderd rs 5000/pm as maintence  on the arguments  of opposite lawyer ,without  any sorce of income  he was studying  and depndent on his father income , she lived in husband only  for 2 mths ,  no issue during wedlock

now is it benificial to apeeal in sesson court  sir ?
 which are the important  remedy point must be included in the appeal  can any one expert tell me 

thx  a lot to ramachary sir and anad bali sir 

T. Kalaiselvan, Advocate (Advocate)     17 May 2014

You have a very strong tool of RCR in your favor, i.e., you are willing to take her back but it is she who is intentionally staying away from you thus, abandoning the matrimonial life voluntarily, she automatically stands deprived or dis-entitled to any maintenance amount.  Now since the family court has ordered maintenance amount on the basis of her exparte divorce decree, you may first file set aside petition against the exparte decree in the same court instead of going for an appeal against it and may file a revision for the maintenance award amount before the sessions or high court.


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