- This topic has 16 replies, 7 voices, and was last updated 1 year, 3 months ago by
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UMy domestic, dowry case is going on in family court.
I got interim maintenance order on me. I have to pay 65% of my itr salary.
My mistake was even before filing any type of case, I did pay 65 percent of itr amount to my wife in good faith.
But shocker is order say I did not submit my itr Or bank statements. So I am concealing my income.
At one time, in evening I submitted itr to reader along with my lawyer. But looks like my lawyer ditched me and took itr back from court.
I also submitted my bank account details to my lawyer. But looks like he didn’t submit it to court.
Please advise me what can I do now.
I also want to warn my fellow redditors here. Make 100 percent sure your itr and bank statements are submitted. -
CYou will have to file a revision before the District Court, make sure to produce evidence there and seek for the case to be sent back.
65% is excessive, try to get it reduced to 40% of your in-hand income.-
UWhat can I do right now?? I mean I should wait for final order as this is interim maintenance or I can do something right now
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INo you do not wait for the final order. No one is going to tell the ex wife to pay back the extra amount paid.
No one knows how long final order will take. You do not wait until then. You immediately go to the higher court. Show them you followed due process and the judge did not.
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UInterim maintenance order can be challenged?? My case is in family court, so I should challenge it in district court??
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IFind a new lawyer and consult him? Many a times you end up with lawyers who are not interested in matrimonial cases because they drag on for years and just take it as a side project for some extra money.
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AIt looks like the guidelines laid down by the Hon’ble Supreme Court in Rajnesh vs. Neha haven’t been properly followed in your case. You should immediately challenge the order and file a proper affidavit of disclosure as per the SC guidelines. Also, request the court to direct your wife to file her income affidavit as well. Since the order states that you concealed your income, you need to rectify this by formally submitting your ITR and bank statements on record and state the same on the affidavit.
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UWhat can I do right now?? I mean I should wait for final order as this is interim maintenance or I can do something right now
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AYou should not wait for the final order… you need to challenge the interim maintenance order immediately. Since the order is based on an incorrect assumption that you concealed your income, you must rectify this by filing a proper affidavit of disclosure as per the Rajnesh vs. Neha guidelines. Along with that, request the Court to direct your wife to submit her income affidavit as well. If your lawyer failed to submit crucial documents, you may also consider changing counsel. All the best
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UThanks. I need to challenge this in district court?? Interim maintenance order is done in family court.
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B65% of salary is a bit of a stretch unless you have two school going kids. Even then I’m pretty sure, you could bring the amount down. I’d suggest you to get a revision petition filed, before the High Court of appropriate jurisdiction or you’ll eventually burn out while continuing to pay monthly maintenance to your spouse. Which will eventually fog out your vision and put you under stress to settle things even if they’re biased. Lawyer here based in Delhi.
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P1. Challenge the interim order. If you feel that your lawyer has played mischief, take NOC from him and find another efficient family law lawyer near you.
2. It is only an Interim Order, you still have the time to submit your documents before the final order is given. But you must challenge that order to prove that you cannot afford to pay 65% of your earnings. Otherwise the same will be ordered in the final order.
[https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For further clarification contact us [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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