• Pl suggest me whether to challenge interim maintenance order

R/sir/ma'm:     
           I filed divorce case against my wife on cruelty grounds.My wife applied for maintenance u/s 24 and distt. court ordered me to give 11000 p/m plus 25000 as litigation expenses from date of application.
       We married seven yrs ago(completed on dec.2016).We have two minor kids; girl child is 06 yrs. n boy is 1.5 yrs both residing with mother. 
regarding me:----------
                  m graduate. Mine is semi-govt industrial job and now in officer cadre. my gross salary 36000/- and cash in hand net salary is 27000/- plus-minus 2000/-depends on allowances.I have no property on my name, except saving a/c 70000/- and PPF a/c for tax savings.
      My family liability being only son is: (1) My +84 yrs old parents(mom n dad), medically not fit with no pension , (2) my elder sister with her minor son living with my parents own accommodation, all depends upon me.   
 regarding wife:----------       
                       I n my wife living at other rented accommodation.and here i pay for all expenses.my wife is house wife doing stitching at home and is more qualified than me .i.e. post graduate plus B.ed.plus a literature diploma course named "Giani" n is gold medalist in this.after filing divorce i came to my parents to avoid any legal problem from my wife and i keep on paying my wife's total expenses but my lawyer told me to stop a little bit before date when court asked my wife about her expenses for sec(24).
sir,
       my wife's lawyer told the court that woman has the right of 1/3 of salary..(is it true.?...salary whether net or gross..?)
but court granted more than that based on net salary plus 25000/- litigation expenses.
sir, it would be hard for me to manage the medical attendant for parents ( giving 7000/-) , their regular medicines , food, clothes, social obligations ,my sis and her kid.  and ME too in just 16000/-
  As my wife is more qualified and my kids are very young that their needs are less today.and now even a thousand or two does matter for me if charges r reduced by court..
sir , as per above details advise me:

1)  sir, would you feel that i should file an appeal to reduce the maintenance and litigation expanses.
2)  sir , as per my salary and family liabilities, is there any possibility that higher court can do my favor.
3)  as per my job scenario , can i avail free legal aid for appeal in higher court.
4)   sir i don't know law but read on net that as per sec 20 of HAMA both father and mother are equally responsible for kids. and sec 20(3) of HAMA speaks of the existence of source of income and ability to maintain oneself with that income.......i want to ask here that my wife is highly qualified and whether we can ask the court to give her maintenance for six months or a year, later she should find her job.as i think this type of judgement was given by hon'ble S.Court.a time ago.
5)  After getting full interim maintenance ,whether i should ask my wife to leave my rented accommodation or not and whether she has the right to keep my house-hold articles in her custody. 
6) sir, I deduct Rs 5000/- as Vol.P.Fund., whether court will include or exclude this amount from my net salary.
7) how much time does high court take to give decision on this appeal
Asked 7 years ago in Family Law
Religion: Sikh

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4 Answers

1) your wife is highly qualified and can maintain herself

2) court awarded Rs11000 considering 2 minor children

3) court does consider that you have old dependent parents while awarding maintenance

4) Rs 11000 maintenance amount is reasonable

5) high court would not reduce maintenance

6) you would not get free legal if considering your monthly income

8) don't ask wife to leave your rental accommodation

9) if you do so wife would file DV case and seek alternative accommodation

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Yes,you must challenge it.

2. Yes maintenance may be decreased a bit.

3. No

4. If your wife earns money then she has contributory liablity to maintain the child.

5. You can stop paying the rent

6. This is not considered

7. 4-6 months.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. To challenge or not the order of maintenance is your prerogative. The order can be challenged successfully in the higher courts if you can prove that the court did not take into account your liabilities while fixing the amount. The higher court can reduce or even quash the maintenance awarded by the court.

2. The courts do not do any favour to anyone, they decide matters in accordance with law.

3. It is correct that maintenance of children is a responsibility that has to be shouldered jointly by both parents.

4. Your wife has the right to residence in your house during the subsistence of her marriage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can file a revision petition before the higher court seeking to review and reduce the maintenance amount based on your pleadings especially your financial commitments towrds your old aged parents.

2. It depends on how you put forth your argument

3. you approach the legal services authority and file an application, let them decide on merits.

4. You should hav pleaded in the lower court, if you have not done so then you may not find any ground to argue on this basis before the high court.

5. You dont pay the rent for the accommodation and inform the house owner that you are vacating the same.

You can very well bring back all your own household articles now lying in that house.

6. these things should hav been brought before court during the trial of maintenance case. The appellate court will not entertain new things

7. Time taken canot be predicted

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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