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Ramkumar (Software)     05 May 2011

Maintenance & Conjugal - Confusion

I have a maintenance and conjugal rights case filed on me. Now, the judge has passed an ex-parte  maintenance order of Rs.20,000/- (10,000 for my wife and 10,000 for my two kids) on a prayer of Rs.30,000/-. I would like to know the following.

1. How is the amount Rs.20,000/- calculated ? Am more or less sure that they dont have payslips of mine  available with them. So, what would be the basis on which the amount would have been calculated ?

2. I came to know the maintenance orders passed informally, so I have not received the actual orders. So, i have not paid maintenance till date (close to 6 months), as i am waiting for the orders to come to me. It has been now a backlog of close to 6 months. Any issues because of this ?

3. Also the Conjugal rights case hearing is adjourned for my reply to a few more months. What if that also goes ex-parte ? Then will the maintenance orders will be nullified, because of this.

4. If you foresee anything else in the given background, please post your inputs.

Thanks

Ramkumar



Learning

 4 Replies

mamta kaura wadehra (lawyer)     05 May 2011

APPLICATION U/S 24 H.M.A. HAS BEEN FILED IN PETITION U/S 9 H.M.A. EX-PARTE DECISION DOESNOT AFFECT YOU IN  BOTH THE APPLICATIONS.

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 May 2011

The maintenance amount can be claimed from the date of the application for maintenance and not from the date of order

Ramkumar (Software)     06 May 2011

Mamta: Let me narrow down my question, i was told as the maintenance orders have been passed, if i dont pay them, then  i would be arrested anytime with a non-bailable arrest warrant. So, i would like to know your views on the same.

Aravinthan: If the maintenance is from date of application also, my question is since i have not received orders on hand, should i still pay ?

 

Thanks

Ramkumar

G. ARAVINTHAN (Legal Consultant / Solicitor)     08 May 2011

you have knowledge of court order, so you can pay


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