Myself and wife built a mutual agreement for interim maintenance with the help of counsellor in the court. It stated that I should pay 25k towards house rent, society maintenance, child maintenance and wife maintenance to wife's account directly. Initially I paid directly to wife for two months. Later on I made payments directly to house owner, school and child's clothes etc. I have produced the receipts to the court of the payments made. Although I did not send official notice to my wife that I am making payments directly, I have provided actual bills which amount to more than the decided 25k amount in the agreement. Now they filed application for interim maintenance and are pressing for it. They are also pressing for arrears claiming that school fees is not a part of child maintenance (nothing mentioned specifically in agreement that the child education is excluded out from decided amount in agreement). Questions : 1. Is interim maintenance application admissible while the mutual agreement exists? 2. Do I have to pay arrears? P. S. I have also got calls from third party (goons posing themselves as women welfare association) asking me to come and meet in their office to settle the matter. I declined that invitation repeatedly saying that this matter is subjudice. I also presented to the court, the call recordings, written transcripts and that the wife does not have faith in court and law.
1) Either one can be applicable otherwise you can ask court to cancel mutual agreement if interim maintenance is passed.
2) Child maintenance means all child expenses from food , clothing, school fees, uniforms and all school related expenses.
3) Don't attend such calls and do not entertain them at all kindly tell them to come in the court or remove interim maintenance application and come to talk with counselor in the court.
1) interim maintenance application is admissible
2) you don’t have to pay arrears prior to application made and court orders directing payment of maintenance
3) you have rightly refused to bow down to pressure tactics
1. See based on agreement and receipts you can contest the interim maintenance and further can please before.court that it can pass order of 25 thousand you will pay it to wife account.
2. Based on direct payment receipts same can be contested.
The recordings can help in court and you can plead wife for money extortion from.you is taking steps and pressuring you.
Why is interim maintenance application admissible after the mutual agreement deciding how much I should pay?
1. Such agreement has no value, there is a judgement on it, which both of you need to understand.
2. Through your lawyer file an application for the payments made with detailing and break ups, if court orders for paying arrears file appeal.
Ask such women welfare association to send you an email from their email to your email, stating detailed notice for summoning you to their office with address and landmark. Inform such welfare association by sms or whatsapp and keep a screenshot and print it too, submit transcripts, recording over a Compact Disc (CD) and submit it in court and it can be done there is a judgement on it too.
1)If interim maintenance is granted then you cancel
Mutual agreement maintenance.
She cannot claim Multiple maintenance.
2)Don't pay arrears.
3)though its enough to make complaint that someone is threatening and harrasing you over phone and record all calls.
See admissiblity shall be decided at time of deciding application the court can take into account the agreement and can reject the application.
1 yes
2.yes you have violated the court orders of payment mode
For any that you have got from any other Association which is not legal and not authorised to take up the metals like this then you can I post in police and complaint against them the interim maintenance application is acceptable under section 127 CRPC twice the maintenance that is now been paid and also please note that the school fees is not the part of maintenance any child in the family is your responsibility this is not the responsibility of your wife if you have any grievance then the revision of maintenance amount can be contested and document relating to the reduction of amount or status quo should be submitted in court
Under 125crpc Maintenance” is an amount payable by the husband to his wife who is unable to maintain herself either during the subsistence of marriage or upon separation or divorce.
1) While applying interim maintenance they must have hidden the mutual agreement.
2) If she is insisting you to pay interim maintenance than you can stop paying mutual consent agreement.
3) You can pay maximum 25 to 30% of your net income as her and child monthly maintenance.
Wife is entitled to claim interim maintenance
2) It appears from a bare perusal of the provisions of Section24 of the Act that the provision has been made in order to provide means to the spouse who has no independent source of income to contest a matrimonial proceeding. The indigent spouse should be allowed to obtain the requisite maintenanceand litigation expenses from the other party, soon after the filing of the application under Section 24 of the Act, in order that the indigent spouse could maintain herself during the pendency of the proceedings, and also incur the legitimate expenses for contesting the matrimonial dispute.
3) maintenance is matter of public policy and private consent deed cannot over ride public policy enacted for public good
4) Giving effect to an agreement, which overrides the provision of the law…would amount to not only giving recognition to something that is opposed to public policy but it would also amount to the negation of such policy,”
Hello,
1) The wife can file an interim application for maintenance even though there's a settlement made through the counsellor. That you did not continue to pay directly into her account may have prompted her to take the step.
2) You can establish that you have been paying alternately by producing the relevant bills you mentioned and avoid having to pay arrears.
3) Contest the maintenance application on its merit.
1. Maintenance means and includes the provision for food, clothing, shelter and education (for child).
2. If at all there was an agreement made then maintenance amount agreed upon should have been remitted to wife. If you have been making remittance directly to landlord and school then what is wife getting?
3. The arrears should be directed to be paid for the duration in respect of which you did not make the remittance to your wife.
1. The fact that you paid money not to the wife as per the Agreement but directly outside is why they are pressing for Interim Application. Since entire maintenance amount as decided is not coming into her hands, she has filed the maintenance application. You will need to satisfy the Court regarding the payments made by you but whether the same will be considered by the Court or not depends upon the wordings of the Consent Terms and the receivers of the payments made by you.
2. As mentioned above, it depends on the exact words of the Consent Terms and the leeway it affords you.
If you had complied with the Mutual Agreement to the T, your wife could not have filed or pressed her Interim Application for maintenance. At the most, she could have filed for modification after sometime on the ground of change in circumstances.
You need to bring this before the court that you have paid the decided amount as per the agreement and the interim payment amounts to doubling the same and mere repeatation. The court will decide whether there is some areas or not. You can even challenge the courts order If found unsatisfactory.
The mutual agreement before the counselor is not final, the court only has to pass the orders, hence no such petition seeking arrears is maintainable when contested in the court.
You can take the assistance and guidance of your advocate to tackle the other types of illegal activities unleashed by her.
The court only has to pass an order in the interim maintenance application filed by her and not the counselor.
Hence you may fight it out in the court of law accordingly.