Husband not paying interim maintenance
5 months ago
I am Ritu from punjab, I filed DV against my husband and inlaws in December 2021 and the court has decided my interim maintainance in September 2023 which is approx 30% of my husband's income in hand ( as per his affidavit). I am also working and getting almost one third of his salary. I have minor son also who is 8 years old and staying with me only.
I didn't leave him rather he left both of us and ran.
It's been 2 months since court order but he is not paying any maintenance before this also I was only doing everything alone for me and my son with the help of my parents. I was about to file execution as he was not paying maintainance but now I have got to know he has filed appeal for the interim maintainance orders in the appellant court. Now I have queries related to this-
1. Can I fight in appellate court myself or I should hire lawyer only for this?
Which is better?
2. If I can fight myself then what are the important points I need to take care of?
3. In case my husband will not be satisfied with the appellant court judgement also then he may appeal in highcourt then will highcourt entertain such cases as he is not giving even a single penny to us since last 5 years. What relaxation he can get from the highcourt?
Here are your answers;
1. You can yourself fight your case but it is suggested that you hire a lawyer to avoid any risks
2. As suggested above let the lawyer do the job for you
3. Yes he can again go in appeal. Depending on the facts the amount might be reduced but he shall have to pay the maintenance to you and your child.
While it's possible to represent yourself in the appellate court, hiring a lawyer is generally advisable, especially in complex legal matters. An experienced lawyer can navigate the legal process, present your case effectively, and ensure that your rights are protected. however, If you choose to represent yourself, here are some key points to consider: Thoroughly understand the grounds on which your husband has filed the appeal. Be prepared with evidence and documentation to support the original maintenance order. Familiarize yourself with the legal procedures and deadlines. if your husband is dissatisfied with the appellate court's decision, he may choose to appeal to the high court. The high court may entertain the case if there are legal grounds for an appeal.
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