What to do if I'm not ready to pay interim maintenance

980 votes

you should immediately file for a revision or review of the order before the execution of the order is filed by your wife. you have 30 days time to approach the higher court and so that a stay can be granted against the maintenance decided by the Family court judge

Advocate Palak Nenwani LawRato

708 votes

Dear Client

You should immediately challenge the maintenance order before the High Court under Section 482 CrPC and thereafter Supreme Court if need be. It is not possible that so much maitenance can be granted when your net disposable income is only 40 thousand. Please feel free to contact for discussion, filing of matter of high court and further litigation strategy.

Advocate Mrinmoi Chatterjee LawRato

771 votes

Hi there,

The Order of the Magistrate granting interim maintenance under Section 125 Code of Criminal Procedure, 1973 can be challenged either before the Court of Sessions or the High Court under Section 397 of Code of Criminal Procedure, 1973. You can choose either of the forum.
The Revision under Section 397 of Code of Criminal Procedure, 1973 can be preferred on very limited ground of patent defect or perversity only. Therefore, you will have to show from evidence that your monthly income is 40,000/ only of which 35,000/- is your liability (you will need to attach proof of your liability). Therefore, you are not in a condition to pay 20,000/- per month as maintenance to your wife and the order passed by magistrate is perverse and liable to be set aside.
In addition, in case the wife has any source of income such as if she is earning or has capacity to earn for e.g. she is highly educated but not working etc. as well as any other fact which you think would be relevant for reducing he amount of maintenance payable to wife , which has not been considered by the Magistrate, please bring that to the notice of the Sessions Court.
You can request the Court for stay of the Order of Maintenance till your Revision is decided, which would give you immediate relief.

Advocate Tanya Shree LawRato

648 votes

Dear Client,

Your case details are necessarily required for any advise, but it totally Depends on your lawyer. if you don't want to comply the court order then you can go in the appeal within 30 days from the date of order. you can also contact for any further help.

Advocate Pankaj Agarwal LawRato

667 votes

S.127 criminal procedure code may come handy to you.Though it is a long shot but you have nothing to lose. In any case the maintenance will not be increased if you start assailing right now.Try and explain the 'change' of circumstances- which will be the ground for alteration in maintenance. You need good lawyering.

Advocate Sidharth Arora LawRato