• Can we challenge the Interim maintenance order given by the District Court? What are the consequences?

Dear Sir/Madam,
Background: I have married in 2018 and I have filed the Divorce petition in 2021 under section 13. as a counter She have filed the 498a case and DVC, maintenance petitions against me. Recently District Family court judge has passed the Interim maintenance order of Rs 10,000 per month from the date of MC filed. Which is summing around Rs 3,00,000/- now. Note: Her employment details were not considered while passing the interim maintenance order as she filed the Affidavit saying She is not working.
Coming to the education and employment, I am a BSC graduate and working in private organization, earning 1,50,000 per month and She is a Btech graduate and working in private organization, she might be earning approximately 1,00,000+ per month. However, I do not have her income proofs with me apart from her employee ID, Email ID and Joining date details.
My doubts/questions:
1.	How can we get her salary details from the employer? What will be the action taken on Her if we submit the salary details?
2.	Can we challenge the interim maintenance Order? If yes, what the Pros and Cons?
3.	What are the grounds, to challenge the interim maintenance Order?
Asked 2 months ago in Family Law
Religion: Hindu

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9 Answers

1. You can get the details of her income by calling her employer as a witness.

2. Yes, you may challenge the interim maintenance order in the Hon'ble High Court.

PROS: You get the interim maintenance overruled.

CONS: None.

3. The grounds could be many, including her capability to maintain herself, non consideration of the key ingredients of Rajnesh v. Neha judgement, etc.

Puneet Srivastava
Advocate, New Delhi
66 Answers

1. Engage a private detective and get her salary details from her employer. If you could provide genuine documents pertaining to her salary and employment to the court, the maintenance amount awarded may be reduced or altered.

2.  You can challenge the interim maintenance order by producing her employment and salary details to the court.

3.  Grounds to challenge the interim maintenance order are, false affidavit stating that she's unemployed and not earning, false 498a and false DVC case against you.

Shashidhar S. Sastry
Advocate, Bangalore
5444 Answers
330 Consultations

You can file writ in HC against interim maintenance order passed by family court 

 

2) frankly considering your income Rs 10 k per month is reasonable 

 

3) if you are able to prove wife is working then she may not get maintenance 

 

4) her income tax returns,bank statements would shed light on fact that wife is working 

Ajay Sethi
Advocate, Mumbai
97431 Answers
7872 Consultations

yes, order can be challenged in High court but in that case you shall be required to deposit 50% of arrears of maintenance. 

1. By evidence or questionnaire. You can ask for cancellations of maintenance and can also prosecute for stating false in court. 

2. yes. 

3. grounds of appeal depends upon order, pleadings of parties etc. 

Siddharth Srivastava
Advocate, Delhi
1446 Answers

Dear Client,

In the Present Scenario, you were married in 2018, and have filed a Divorce Petition in 2021 under §13. As a counter, she has filed a 498A Case and DVC, maintenance petitions against you. Recently, the District Family Court Judge has passed an interim maintenance order of Rs. 10,000 per month from the date of filing MC, for around Rs. 300,000. However, you claim that your spouse's employment details were not considered when passing the interim maintenance order as she had filed an affidavit stating that she is not working. Looking into your qualifications, you are a BSC Graduate, and working in a private organisation, and earning Rs. 150,000 per month, and your wife is a BTech graduate, working in a private organisation, earning approximately Rs. 100,000 + per month. However, you do not have any income proofs of her, apart from her employment ID, email ID, and joining date details. Herein, firstly, you may file a request under RTI Act, 2005, to access her employment records, but it is possible that employers do not disclose personal information without consent of the employees. With respect to cancellation of interim maintenance order, if your prove that she has an income, the court may reduce or revoke the maintenance, however, this may lead to spending of significant time and costs. You may challenge the order on grounds of false affidavit, or reasons of your inability to pay for the maintenance amount.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

1. & 2. You can file an appeal against the said maintenance order before the Appellate Court praying for directing her employer to submit her salary details.

 

3. The basic ground is that she is an engineer being more qualified than you and is also employed for which she is not entitled to any maintenance from you.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

 

  • Obtaining Salary Details: You can request her employer’s records as evidence, but it may require her consent. Alternatively, a private investigator might help gather information, or you could request her income tax returns or bank statements in court.

  • Challenging the Interim Maintenance Order: Yes, you can challenge the order in the High Court. Pros: If successful, the maintenance amount may be reduced or revoked. Cons: You may need to deposit a portion (typically 50%) of the arrears in court while the case is ongoing.

  • Grounds for Challenge: Claiming she’s employed and capable of self-support, showing false statements in her affidavit about her employment status, and citing case law (like Rajnesh v. Neha) could be effective grounds.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

 

Shubham Goyal
Advocate, Delhi
455 Answers

1. You can file a petition before court directing her to produce her employment as well as salary income details, if she refuses to furnish then you can file a petition to direct her employer to furnish the requested details.

2. The interim maintenance order can be challenged only in the high court 

3. The reasons you rely upon are the grounds for revision.

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

Yes it can be challenged and you can try to reduce he same

Prashant Nayak
Advocate, Mumbai
32810 Answers
209 Consultations

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