Respect Members of fraternity, My brother has been ascribed by her wife for Domestic Violence. The trial is going on since last one year. Current situation is court has passed order of Maintenance of Rs. 5000/- per month. My brother is earning 17000 per month and living in parental house with old age mother. Current expenses of made, doctor & other house hold expenses are born by my brother his wife is staying with him using all the facility of her matrimonial house. She is working & earning more than my brother but in month of March 2017 she submitted her resignation in court but she is still working. Court is not ready to accept the fact & passed the interim maintenance order against us. What can we do now? can we challenge the order in same court or we shall have to move to higher court? Due to the nature of order is interim & not the final conviction can we take this matter to high court ? Can we submit new evidence pertaining to her fake submission on resignation after the issuance of order or only the recorded evidence before order processing will be only considered. Can we now submit the bifurcation of disbursement of income to show the incapability of respondent of paying such high maintenance amount? Please guide your valuable inputs will help us to proceed ahead.
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your brother can file appeal against order of interim maintenance passed by magistrate in DV case before sessions court
2) draw attention of court to fact that wife is working
3) you need to produce evidence that wife is working . her appointment letter , bank statements would prove that wife is working
4) you can submit bifurcation of income of your brother to show he is unable top pay the maintenance amount awarded to her
1. Well, unless and until you establish in court that your wife is not employed you can not avpid maintenance.
2.So file a revision and if you have proof of it bring the same to the court.On that basis the court can revise the maintenance.
3. If you can not prove the same then inability of husband to earn enough money is excuse to avoid maintenance to wife .
4. During trial her employer can be summoned in court to prove her job.
Hi, you can appeal against the impugned order passed against your brother in the high court .. It is advisable to collect enough evidence of her employment and salary proofs , and furnish them along with the appeal .. Her bank account statements will also help ..
Since this is an interim maintenance only, you can take a revision of the same before high court and seek to reduce the same on the basis of his income and his liabilities towards his old age parents and their medical expenses and also about her continuous employment.
The proof of her continuous employment may be produced before high court in the revision petition and can plead that the trial court failed to take the evidence on file.
You can challenge the main maintenance case also on the same lines.
