How to defend a suit for interim maintenance

850 votes

wife had filed for divorce at her grand parents place other than her native place. judge had passed order for interim maintenance of Rs.5000/month since filing of case. total amount with arrears comes to Rs.110000. recently judge passed conditional order to pay Rs.60000 immediately and my defence is fortified and struck off. I already paid Rs.25000 and by next hearing i have been told to pay Rs.35000 but i can pay only Rs.20000. my lawyer threatening me that if i fail to pay Rs.35000 judge would pass decree of divorce in wife favour or may sent me to custody. i am afraid. please help me by your sugetions. i am a hindu. --- as the case is running you cannot avoid the orders after paying 20k you can ask for more time from the court to deposit the rest of the amount.

Advocate Siddhant Sharma LawRato

941 votes

Frd, It's not like that why yr lawyer is threatening to you is unnatural, before passing of the order of sent to the jail it is mandatory that yr property may seized and forfeited and there after if the amount is paid from that property the court can not pass an order to sent you jail. Maintenance application should be file in every 11 months if she has failed to file then arrears will not be paid. And You can challenge the order before Hon'ble High Court.

Advocate Raj Kumar Gupta LawRato