Can I challenge an order of interim maintenance


I am and my divorce case is filed in karkardooma family court. my case has gone through 2 official.court sessions , latest was on 17.02.2018 on which judge passed an interim maintenance verdict according to which I need to pay my wife Rs. 50,000 as maintenence. I have my own expenses, short detail of which was attached with the initial petition. My wife is still staying at matrimonial house but i dont stay there. I have a son of age 6. My monthly salary is Rs. 44, 000. My question is that is there any way that I can fight against this decision of judge so that I donot need to pay her this huge amount, as I think that since on that day my lawyer didnot appear in the court, otherwise we could have fought for it. Also, after the writt

Answers (4)


248 votes

Dear Sir,

As after perusal of your facts it can be stated that the amount of interim maintenance granted by family court is exorbitant. You may file an appeal before the High Court of Delhi and get the amount set aside or reduced in your favour.

Rest, I can suggest after perusal of the court order. You may contact me with that respect.


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288 votes

Yes you can challenge an order of interim maintenance ask your advocate he will do the needful family court is a district court on above of it high Court is the appellate court.
Go for appeal if you have substantial reasons to.convince the court that you are ordered to pay beyond your means,wife is earning and was hiding facts, your other liabilities were not considered,your wife's educational and financial status were not considered while passing order etc.

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314 votes

Definitely you have right to challenge the interim order before the Hon,ble high court. You have to prove what is your income and also to prove if your wife is earning something. However if wife is not earning them you have to pay maintenance as per your salary and your will be considered while passing order for maintenance.

143 votes

You can very well challange the order of interim maintenance. Considering the fact that you are earning less than what you have been directed to pay, you will easily get a favourable order. Please contact me for further assistance

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