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Domestic Violence

Domestic case Interim order

The honarable judge granted ₹ 20000 per month maintenance to wife as my husband showed his income 59000 but hs income is more than ₹ 59000 per mont it may around ₹80000-₹90000 per month now he is disagree with court judgement of interim order so he is saying the he will challenge the interim order now what will happen? My interim order will get deducted or not any suggestions for the same?

( Mumbai City, Maharashtra )

1 month ago

Reply

Dear Madam,
Normally, in the given circumstances the interim maintenance is reasonable and even if your husband go in appeal it will confirm the said interim maintenance provided your Advocate properly represent before the Appellate Court.

Kishan Dutt Kalaskar

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Helpful

Dear Client,
In this context, be informed that interim maintenance, temporary financial support during legal proceedings, can be granted under Section 23 of the Domestic Violence Act (DV Act), Section 24 of the Hindu Marriage Act (HMA), and Section 125 of the Code of Criminal Procedure (CrPC)(now Section 144 of BNSS) and any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. An order for interim maintenance is a court order that directs a person to pay a certain amount for the maintenance of their spouse or children pending the final outcome of the original suit. An interim order of maintenance can be enforced, even if challenged in the High Court, unless the High Court issues a specific stay order of the trial court or the order is ultimately overturned by the High Court. If the High Court does not issue a stay order, the interim maintenance order remains in force and can be enforced until the High Court makes a final decision. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. So, it is advisable to hire an experienced Advocate to defend your case before the High Court by adducing substantial evidence that supports your claim.