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Family Court Granted unreasonable Interim Maintenance


17-Nov-2023 (In Family Law)
SirnI retired from Govt Job. My wife filed Divorce, maintenance, DV and 498 cases one year prior to retirement. I got my 50per pension commuted. I am now getting 86K as pension PM. nCourts have granted 68500 PM as total maintenance e.i. 25 k by family court, 28.5 K by DV court as maintenance towards rent and 15K as arrears. Where as my wife is having a flat in her name in same locality. Shall I appeal at High Court.Chances of success??nWill other cases of Divorce, DV case and 498 cases get on hold in family court till high court gives its decision on maintenance??nRequest clarify
Answers (4)

Answer #1
862 votes
Hi,

You may approach to the court for reduction in the maintenance amount as you are getting lesser amount as compared to the past time while order was given by the Hon’ble Court. All we need are documents as a proof so the court can be convinced.

Thanks & Regards
Deepak Grover, Advocate
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Answer #2
790 votes
She can claim maintenance and the court grants maintain considering a lot of factors.
If she already received 28.5 k in dv then the family court will have to consider it before passing the order.

Please let me know how can I help you.

Regards
Adv Sakshi Garg
Delhi High Court
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Answer #3
963 votes
You have to hire expert advocate in this regard and did u tell the later court that other court has already passed the maintenance ?
We need to immediately file revision in this regard.
Plz b in touch to understand the legalities
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Answer #4
626 votes
Go to high court in appeal but let me clarify this to you that rest of the cases will not be stayed because you are going into an appeal on the order maintenance that was granted in a maintenance proceeding against you DV and divorce has nothing to do with maintenance
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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.

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