Challenging interim maintenance order
I received order from family court today, to pay interim maintenance to my wife. I wish to challenge the order. Can I do this in the same family court or appeal to local district court? Or going for writ petetion in high Court is the only option?
I am not in a very sound financial position. Is it a costly affair to do writ petetion in Mumbai high Court?
Asked 7 years ago in Family Law
Religion: Hindu
1) What is your income ?
70,000 (Take home), 14.5 Lakhs gross
2) What is wife income ?
25000 (take home), 3.25 lakhs gross
3) What is amount ordered by court ?
Court has asked me to :
Pay 12000 towards maintenance of wife
Pay 8000 towards maintenance of 8 year old daughter
Continue to pay rent (12000) and society maintenance (1500) which I was voluntarily paying until interim maintenance order
Continue to pay school fees (1,00,000 which includes tuition fees, breakfast, lunch, transport, books and uniforms etc.) which I was voluntarily paying until interim maintenance order
Amount is not justifiable, and you are not satisfied with order ? - Yes I think it is not justifiable and I am not satisfied at all.
Order is passed from the date of application ? Yes it has been passed from the date of application
If huge amount of arrears is pending ? Because the order has been passed from the date of application, it is now showing huge arrears pending which I am unable to bear. I am totally bankrupt.
Wife is working, well educated, but the fact is ignored ? Yes she is working and is an Electronics Engineer. She has nearly 7-8 years of corporate experience.
Your deduction is not considered like, EMI or rent, medical bill, your family expense. ? Yes none of my deductions have been considered. Out of 70,000, around 30,000 go towards EMI of my personal loan.
What is the high court likely to decide in this instance, if I appeal ?
Asked 7 years ago