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Interim maintenance granted too low in comparison to income of husband
15-Sep-2023 (In Divorce Law)
husband created misunderstandings between my parents and me(only child),by showing them pictures of my past relationship before marriage which my parents were already aware of.my parents confiscated my educational documents,passport,wedding jewelry etc.I consulted lawyers and left home.my parents and husband created immense chaos in my office due to which I was kicked out from my job.hence left homeless penniless.my husband filed divorce case in 2016feb which got dismmised in 2018feb due to wrong jurisdiction.i filed domestic violence against my own parents and husband.the judge passed an order to my parents to submit documents which they have done.husband filed a divorce again. grounds of divorce was always adultery.previously he took name of my past relationship now he takes name of some known friends who are helping me.interim maintenance order passed for25000 only but husband is captain in merchant Navy salary 12000 dollars pm.what can I do?
I don't know what your lawyers suggested but you can always file a petition before the court to recover all the confiscated items.
Its always been difficult to prove adultery. So let your husband prove the allegations brought by him.
Interim maintenance is something provided in the period of urgency. Wait for the final decree and if not satisfied then you can always go for revision.
Its always been difficult to prove adultery. So let your husband prove the allegations brought by him.
Interim maintenance is something provided in the period of urgency. Wait for the final decree and if not satisfied then you can always go for revision.
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Adv. Bandhupriya Dey
Murshidabad | 25+ Answers
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Please note that your act of claiming maintenance should not be backed by an act of revenge. The salary of your husband is not only the determinant factor to provide an award of maintenance. In Deepak Malhotra Vs. Deepti Malhotra and Others it was held that award of the maintenance is based upon the surrounding circumstance and cannot be based on a strict mathematical formula. I prefer you should not waste money in appealing this maintenance award! Rest up to you!
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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Facts not clear. You did not mentioned under which marriage law was your marriage solemnized. For the sake of your knowledge Supreme Court by its recent judgement has ruled that wife is entitled to get 25% of the net salary of the husband would be just and proper to be awarded as maintenance to the wife. You can either file a petition for enhancement of the interim-maintenance in the same court or prefer revision before high court against the order of interim-maintenance for enhancement. You can contact me for consultation and engage me for conducting your case.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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