Resp. Sir I married with my wife year 2009. But in August 2012 I suffered from kidney failure. Due to which my wife is not living with me. It's been hectic mental, physical pressure on me that court has sanctioned the interim maintaianance 4000 rs. My dialysis expenses are 45000 per month with injections & treatment of dialysis. How could I convince the family court akola that I don't have money to paid interim maintaianance. Please help
Asked 2 years ago in Family Law from Kalyan, Maharashtra
1. Your lawyer should have informed the Court about the expenses you are to incur for your treatment,
2. File an appeal before the appellate court challenging the order passed by the lower court,
3. Engage a lawyer having expertise in this field.
1) what is your income ?
2) RS 4000 a month maintenance is reasonable amount
3) If your wife is working she is not entitled to maintenance
4) you may file appeal against order on grounds of your medical expenses but if your wife is not working court won't set aside maintenance order
1. What is your income ? It is very essential to know your income before i could make comment upon the merit of maintenance.
2. if your income does not support the expenses of your medical treatment then surely the amount of maintenance would be decreased if you challenge the same before the higher court.
It is an interim order only hence you may just ignore it or go for a revision against the order before the sessions court explaining the financial crisis you are into especially owing to the excessive medical expenses due to your chronic illness and the treatment thereon.
Make an application for reduction of maintenance on medical grounds attached all ur medical expenses bills and receipts with the help of lawyer and explain reasons.
if rejected prefer Misc. APPLICATION before Nagpur H.C bench, they will reduce definitely.
Advocate, Greater Mumbai
1. The court has ordered interim maintenance to your wife. The options before you are to wither obey the court order or challenge it in a higher court.
2. Your liabilities are to be taken into account before arriving at the amount of maintenance.
You will have to submit your salary slip showing how much you are earning and against that your medical expenses proving that it would be difficult for you to maintain your wife. It will be lot of financial hardships to you hence the order should be cancelled. Furthermore is your wife earning? If not is she well qualified to look after herself. If yes, then prove the court.