Can the family court change interim maintenance, reply was not filed

Question

Can the family court change interim maintenance, reply was not filed

14-Mar-2023 (In Divorce Law)

Rs 16000/- (8k for wife& 8k for major student daughter) has been passed on marh'16. wife conceal her income. Husband could not submit reply due to exam of younger daughter in march 16. Wifes usable income for expenses is more than husband.Wife has no loan. husband has loan of Rs 28lacs. Husband purchased a flat in the name of wife this is under the custody of wife and that is under lock and key since april 2014. investment were made in the name of wife. wife was housewife till march 2014. presently she has business. Wife filed IT return for four years. younger daughter with husband. can i get releif from maintenance without submitting appeal in high court?

Answers (4)

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Adv. Partha Ray Adv. Partha Ray

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Advocate Aveek Bose LawRato · Accepted Answer · 2017-03-15T19:32:54+05:30

Answer #2

No, whether wife is actually earning or is capable of earning are 2 different aspect, just because wife is capable of earning does not mean that the husband will not pay a maintenance of Rs.16,000. If the wife has hidden her income or whatsoever it is the onus of the husband to prove such. Until then the husband has to pay the maintenance, these are on the basis of judgement of a higher court passed recently.

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Advocate Aniket Joardar LawRato · Accepted Answer · 2017-03-16T20:44:01+05:30

Answer #3

Yes, of-course, as per your version it is an interim maintenance. You have to produce appropriate documents in support of your contention of written objection. Proper documentation will be lead you to win the case. Immediately consult with your lawyer.

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Adv. Aniket Joardar Adv. Aniket Joardar

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Advocate Sanjoy Acharjee LawRato · Accepted Answer · 2017-03-16T23:03:11+05:30

Answer #4

Exam of Daughter is not Excuse at all. you did not put whether it is Interim Maintence Order or actual Maintenance order after taking Evidence from Both side. If it is interim, then my opinion is this you can file appeal before the Competent Court and if till date you did not file W/S then try to file W/S with all your facts before the Ld. Magistrate Court.

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Adv. Sanjoy Acharjee Adv. Sanjoy Acharjee

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