Maintenance about wife and son what to do

842 votes

Challenge the interim maintenance order If the order was passed by the Family Court or Magistrate, you may file the appropriate appeal or revision (depending on the statute under which the order was passed) before the higher court within the prescribed limitation period. If limitation has expired, consult a lawyer immediately regarding an application for condonation of delay. Seek modification of the interim maintenance If there has been a change in circumstances or if important facts were not considered, you can apply for modification by producing evidence of: salary slips, bank statements, income tax records (if applicable), medical prescriptions and bills, loan sanction letter and EMI schedule, proof that your parents are financially dependent upon you. Show the wife's earning capacity (if applicable) If your wife is: employed, earning, professionally qualified and deliberately unemployed, or receiving income from other sources, you should place documentary evidence before the court. While a child's maintenance generally remains payable, the amount payable to the wife may be affected depending on the facts.

Advocate Shubham Agarwal LawRato

828 votes

Based on the facts stated by you, an interim maintenance order can be modified if there has been an error in assessing your actual financial capacity or if relevant facts were not properly placed before the Court. You should immediately consult your advocate and file an application seeking modification/reduction of the interim maintenance order by producing documentary evidence such as your salary slips, bank statements, loan repayment records, medical prescriptions and bills of yourself and your dependent parents, and any other proof of your financial liabilities. The Court generally considers the earning capacity of both parties, genuine expenses, and the welfare of the minor child while deciding maintenance. Do not stop paying the maintenance on your own, as non-compliance may invite adverse legal consequences. If there are substantial changes in your financial circumstances, the Court has the power to reconsider the amount based on the evidence placed before it. Please consult a local advocate with all relevant documents for appropriate legal action.

Advocate Atanu Patra LawRato

743 votes

your maintenance amount should have been 6000 only for wife and child 12000 is excessive and some how this wrong has happened with you you need to act aacordingly and reduce the maintenance proper discussion is necessary

Advocate Aveek Bose LawRato