634+ Lawyers are online 
Challenge high interim maintenance
03-Jun-2023 (In Family Law)
I m writing behalf of my brother. My brother wife has file false DV case. But brother salary earing 15000 on monthly but court has pass order for interim maintenance of Rs 12000 pm. We have already submitted ITR file for last two year. In fy 17-18 gross income 484000 with including interest income.ow brother has withdrawn all saving and use the saving in marriage expenses.ow in fy 18-19 gross income Rs 210000. Plz advice further course of action. I want to challenge this maintenance. We are not financially sound. Plz let me the action if we are unable to paid maintenance amount.plz help
Hi, your brother can go for appeal within one month of the order copy being received from the concerned court.you might have not produced your salary slip at the time of interim argument. There are several other things which are needed to be considered and is only possible after seeing the papers and pleadings.
Helpful?
Adv. Ruchi Singh
Navi Mumbai | 100+ Answers
Chat
Can interim maintenance be reduced?
The court, taking into account the incomes of both the wife and husband, and recognizing that they must share the responsibility for the upkeep of the child equally, decided that Rs. The court decided that the interim maintenance of Rs. 25,000 per month. 16 Oct 2023
How do you defend an interim maintenance case?
To reject the maintenance case or deny interim maintenance it must be proven beyond reasonable doubt that: 1. The wife is educated. She has the ability to earn, she is currently earning or she previously worked and left employment without valid reasons.
What is the latest Judgement on interim maintenance to wife?
New Delhi: A recent court decision upheld the provision of interim maintenance under the Protection of Women from Domestic Violence Act. This highlights the courts right to issue just and proper directives. 24 Oct 2023
How long does interim maintenance last?
As per the third proviso of Section 125 of the CrPC, it is stipulated that the proceeding for the interim maintenance must be resolved... 11 November 2023
You can file an appeal to reduce the maintenance amount and please let me know if your brothers wife is working or she has any source of income.Her education qualification or else if you brother wants a divorce it’s better to divorce or settle the matter
Helpful?
Adv. Rinki Agarwal
Mumbai | 25+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
