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@helping hand....but my lawyer says that prima facie i dont know if she is working or not, since i am not able to prove that she is working right now, i will have to start paying the interim maintainence.
The burden of providing proof lies on you,
1. If she tells you are the Maharaja of Jaipur and that you are having a billion dollars in your bank account, its up to you to provide details to the court like IT returns, salary certificate, that you are actually working as a security gaurd at Taj Mahal Hotel Mumbai.
2. If she tells that she is a illiterate village bum, who can only count to ten if she is wearing chappals and not shoes. Then it is up to you to provide details like her Masters degree certificate, her employer's details, her salary certificate of course attested by the employer previous/present.
Here if she is working presently, or was working previously, you can ask the court for call of records from such company/organization. You can also ask the court to issue summons her employer.
husband is not compelling,
Compelling or not, it does not matter. This is just an interim relief.
but she is stubborn and wishes to live like a parasite, husband has difficulty making ends meet, even after taking her higher qualification into account, the court will say that i have to pay? just because she has self paralyzed herself??
As I have told you, its upon you to prove that your wife was working and is capable of working. There are citations from Honorable Supreme Court of India regarding a well qualified woman need not be given maintenance.
BTW, this is just a interim relief. You will have to submit your objections to the Interim Maintenance application immediately, stating all of the above facts. The court cannot overlook the evidences provided by you regarding yourself [your income] and her working capabilities. Even if the court overlooks, need not worry, you can always go to the High Court for reducing/setting aside of such orders of interim alimony.
Even there if you go to HC, they will look whether you have filed objections or not, ie with factual evidences provided, if you have not filed objections, or not provided evidences, they will dismiss your application stating that you have failed to raise objections in the lower court.
Now my suggestion:
Instead of running pillar to post in reducing alimony etc ie moving HC etc, remember this is just IA, interim alimony, which has to be fixed every year, on application by your lovely wife and the same cat and mouse game will continue, you can ask your lawyer to speed up the case, bring it for evidence stage, cross, arguments and finally judgment.
Remember, you have gone to the court for getting divorce and not for keep on paying interim alimony for years together. Ask your lawyer to speed up the case.
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