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Pravudatta Mohanty   18 May 2018

quantum of interim maintenance

Sir
My income is INR 6200 per month.But family court judge Bhubaneswar has awarded Rs 5400 to my wife towards interim maintance.Kindly assist what should I do?


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 May 2018

As per total income of husband and minimum requirement to wife are the basis for interi m maintenance calculations.

Pravudatta Mohanty   18 May 2018

Then Sir what shall I do?

(Guest)

You should start earning more or ask wife to earn. Your query is fake. Court will not order simply wahterver it wants.  It will see your income and then order accordingly.

Kumar Doab (FIN)     18 May 2018

Apparently Presiding Officer has erred.

Although your own counsel would have provided you with detailed inputs you may piack up relevant points from threads on similar queries, Articles, files etc  e.g; Article

Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!

under my profile.

Approach some very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person a and proceed in best of your interest.. 

Pravudatta Mohanty   18 May 2018

Thanking you for your kind reply

Aman chawla (DELHI HIGH COURT ADVOCATE)     22 May 2018

Originally posted by : Pravudatta Mohanty
SirMy income is INR 6200 per month.But family court judge Bhubaneswar has awarded Rs 5400 to my wife towards interim maintance.Kindly assist what should I do?

Sir, you can file CM.M under article 227 of Constitution of India against this order in High Court, On the Ground that the family has overlooked the fact of mine income and awarded interim maintenance on the expenses of mine wife 

Thanks,

Regards,

Aman Chawla 

Aman chawla (DELHI HIGH COURT ADVOCATE)     22 May 2018

Originally posted by : Pravudatta Mohanty
SirMy income is INR 6200 per month.But family court judge Bhubaneswar has awarded Rs 5400 to my wife towards interim maintance.Kindly assist what should I do?

Sir, you can file CM.M under article 227 of Consitution of India against this order in High Court, On the Ground that the family has overlooked the fact of mine income and awarded interim maintenance on the expenses of mine wife 

Thanks,

Regards,

Aman Chawla 

Adv. Rakesh Martyn   22 May 2018

Originally posted by : Aman chawla



Originally posted by : Pravudatta Mohanty



SirMy income is INR 6200 per month.But family court judge Bhubaneswar has awarded Rs 5400 to my wife towards interim maintance.Kindly assist what should I do?





Sir, you can file revision against this order in High Court, On the Ground that the family has overlooked the fact of mine income and awarded interim maintenance on the expenses of mine wife 

Thanks,

Regards,

Aman Chawla 

Dont you know that High Court wont interfere in interim alimony matters? Why are you giving wrong suggestion to the problem poser?

Adv. Rakesh Martyn   22 May 2018

Originally posted by : Pravudatta Mohanty
SirMy income is INR 6200 per month.But family court judge Bhubaneswar has awarded Rs 5400 to my wife towards interim maintance.Kindly assist what should I do?

You immediately file a application stating the above to the family court itself.  And ask the judge to change his order and re-order IA as per your salary and expenses statement.  You will have to pay 1 year from date of order.  After 1 year your wife has to give new applicatoin seeking I.A.  Only then you should pay anything if court orders something.  IA once ordered cannot be carried forward to 2nd year unless there is old due balance of 1 + more years.  Famliy court can change its order.  Dont pay alimony for more than 1 year.

Kumar Doab (FIN)     22 May 2018

You are welcome!


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