AC FROM INDIA (SR MANAGER) 08 August 2012

Refund of interim maintenance

DEAR SIRS,

THIS IS AC FROM MUMBAI. I HAVE BEEN PAYING INTERIM MAINTENANCE OF RS. 10000/PM TO WIFE SINCE 2010. RECENTLY I FOUND OUT THAT SHE HAS OTHER SOURCES OF INCOME WHICH SHE HAS SUPPRESSED FROM THE COURT. IN FACT SHE HAS BEEN EARNING FROM THIS SOURCE REGULARLY EVEN BEFORE THE DIVORCE PETITION WAS FILED BY ME. I HAVE SOLID DOCUMENTARY PROOFS THAT SHE IS EARNING ALMOST EQUAL TO ME. THEREFORE I FILED AN APPLICATION TO CANCEL INTERIM MAINTENANCE RECENTLY. I WISH TO KNOW TWO THINGS,

1. IS THERE ANY PROVISION TO ASK FOR THE REFUND OF THE INTERIM MAINTENANCE THAT I HAVE PAID UPTILL NOW? (I HAVE PAID APPROX. RS. 3 LAKHS TILL NOW) ARE THERE ANY HIGH COURT OR SUPREME COURT ORDERS TO REFUND INTERIM MAINTENANCE TO HUSBAND ON THE GROUNDS OF SUPPRESSION OF FACTS AND MISLEADING COURT?

2. IS THIS ILLEGAL EXTRACTION OF MONEY FROM HUSBAND BY PROVIDING FALSE INFORMATION TO COURT AND BY SUPPRESSING INFORMATION FROM COURT CONSTITUTE MENTAL CRUELTY? AND IF IT CONSTITUTES MENTAL CRUELTY, ARE THERE ANY HIGH COURT OR SUPREME COURT ORDERS IN SUCH CASES WHERE IN SUPPRESSION OF FACTS IS CONSIDERED AS MENTAL CRUELTY AND DIVORCE IS AWARDED ON THIS BASIS?

PLEASE HELP ME AND GUIDE. I AM IN TROUBLE AND THIS IS THE ONLY HOPE FOR ME. PLEASE HELP AND RESPOND.

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3 Replies

Tajobsindia (Senior Partner ) 08 August 2012

For que.1 - No provision as such. Next to impossible to recover money from a guzzler.

For que. 2 - Instead of investing time on "mental cruelties" file "perjury" which will give immediate effect and she will bend her knees and allow passing of smooth "divorce".

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 08 August 2012

That a comprehensive clause be introduced in the PWDV Act to protect the rights of respondents, who could be innocent and being framed for malicious reasons. Such innocent respondents must be compensated if a claim put against them is proved as false and any interim maintenance paid to the applicant in the case must be refunded along with penal interest rate of 12% P.A.