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Domestic violence maintenance case
24-Oct-2023 (In Divorce Law)
First Class Magistrate court has passed an interim maintenance of Rs 7000 to my wife and 3000 to my child. I have moved to high court as my wife was having a job and she resigned it to get maintenance so I have objected for paying her Rs7000. My lawyer says that if we don’t get a decree within few days in high court petition the First Class Magistrate court may again increase the amount in the final verdict.
Scenario 1) If the verdict from high court comes soon and suppose it says not to pay any amount to my wife, can the First Class Magistrate court again provide her maintenance in final verdict.
Scenario 2) If the verdict from high court comes not to pay any maintenance to my wife after the final verdict. Can the First Class Magistrate court again increase her maintenance to 10000. Which will hold in place not to pay maintenance or pay 10000 to wife.
How much time it takes normally to get an verdict from high court
Dear Sir,
If High Court verdict is in your favour then the Magistrate cannot encourage the maintenance amount as awarded in his interim order. If High Court judgment is delayed and Magistrate increases maintenance in his final order then you can again challenge that final order. You have to take all pains to establish that your wife is a working woman if not now previously and unnecessarily left the job.
If High Court verdict is in your favour then the Magistrate cannot encourage the maintenance amount as awarded in his interim order. If High Court judgment is delayed and Magistrate increases maintenance in his final order then you can again challenge that final order. You have to take all pains to establish that your wife is a working woman if not now previously and unnecessarily left the job.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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