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My wife has put maintenance case case has been put 24 months ago inter
08-Mar-2025 (In Divorce Law)
My wife has put maintenance case case has been put 24 months ago interim is decided now rs 12000 pm and the opposite advocate is telling me to pay the arrears but I have paid many expenses to wife not exact 12000 in these 24 months it would have been 20 dates but wife was present in only 10 dates and I was present in all 20 dates and I have replied to her case and submitted my assets and liabilities on time
if they are not present properly with their advocate and I have beared her expenses why I take the burden of arriers
From the first hearing wife should have come with her advocate and decided the interim maintenance they have stretched the case for 24 months it's not my mistake
and second thing that from the day she has put maintenance case I was telling her to bank open her bank account but till last she has not opened her bank account so many transactions I have done in cash how to justify that
Hello
If the order of interim maintenance is already been passed then no option but to obey. But if not acceptable u can challenge in the high court if got reasonable grounds. If she is not attending court dates then you can file appropriate application and raised your complaint in concern court. You can contact through LAWRATO for further guidance if needed.
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If the transactions were in cash then you should have taken her acknowledgment on receipt of cash given by you. Also, in order to provide you with any further legal advice, it is imperative to know some more facts. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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You can file an application before the court stating that you have already borne your wife’s expenses and made several payments in cash over the past two years. You were present at every hearing, whereas she was absent for many dates, which delayed the interim maintenance decision. Since the delay in deciding the interim maintenance was due to her repeated non-appearance, you can argue that the maintenance should be calculated from the date of the order and not the date of filing. Courts have, in some cases, considered delays caused by the wife and adjusted arrears accordingly. You should also highlight that you had repeatedly asked her to open a bank account, but she refused, forcing you to pay in cash. To justify this, you can submit proof of expenses incurred on her behalf, such as receipts, bank statements, WhatsApp messages, emails, or witnesses who can testify that you provided financial support. If the court insists on arrears, you can also request to pay in installments based on your financial situation.
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Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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Are you being represented by an advocate in the above mentioned case?
Based on the facts you discussed it seems that you were not having legal representation otherwise you would have never paid the amounts in cash without any acknowledgment by your wife.
It is better to go ahead with proper legal representation.
You can file an appeal against the order if you think the order is not justified.
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Adv. Anubha Singh
Mumbai | 25+ Answers
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Please reach out to me so that I can review the facts of your case thoroughly. I need to understand the details before providing any comments or suggestions. I will require more clarity on your situation.
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Adv. Ajinkya Sanjay Gosavi
VasaiVirar | 100+ Answers
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