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Author Topic: DV Interim maintenance  (Read 8242 times)

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Offline rajeev

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DV Interim maintenance
« on: June 20, 2013, 03:02:15 AM »
Dear Sir/madam,

I have got nine yr of marriage today and we have lived just lived three and half month together in the first yr of marriage (we have  7 year old school going son) . Separated since oct 2005 , 498a Fir lodged in march 2010 in a city and state, which never belong to our marrital life or any marriage function. After 4-5 month DV case has been file in the same city, where no domestic relationship occur. My wife parent start living in the city in sept 2009, so they preferered the city and created well planned incidence of some fradulent happening in that city withing last one year. This is Inter state case, where I am attending dates after travelling 1000 kms in almost every month. We both are engineer and MBA with education and unemployed. I lost a public sector job in May 2007 (many years before any litigation) under tremendous typical social understanding against me.
In june 2012, lower court has given interim maintenance order of 1500 rs on certain merits of the case. In the lower court I had submitted my service certificate which describe my pay as 25000 ( basic + DA). Later she made appeal in district court for enhancement with my last salary slip showing gross amount as 33000 (May 2007) and after every deduction it is again 26000 rs. However ,The court considered my gross slary as 37000 rs ( Total income (april+may) - May month salary). which is not my average gross salary in a year. My gross salary for year 2006 comes around 31-32,000 rs before tax and after tax it is 29000.
Gross salary  has various component such as ( basic + DA + Allowances + mainly incentives), Incentives is subjective to the performance of the entire company. Which was never fixed component of my salary.
The district court enhance the maintenace to 10000 Rs per month against 1500 rs order of Lower court (which is areal pain in my a## in the present  financial crunch, as my most expenditure occur in travel, hotel and lawyers fee) . There was no presence of mine in the district court as there has been no information ( No notice served from court).
I have also moved to high court (in the same state) for rivision where no relief has been given to me. My petition has dismissed by stating no merits. However judgement itself do not elaborate any points which is being supposed raised from my lawyer. Its simple dismissal with an education to me that a man should maintain his wife even after doing sins. There is no arguments discussion in the revision judgement.
Now, If I am moving to supereme court then what points can be raised into my petition. One point that comes and inspire me to make my plea in SC is the difference between Trial court order (1500 rs ) and district/session judge order ( 10000 Rs) . Trial court has certainly found certain merits on which they had recommended only. 1500 Rs. As I have also told in trial court that I want to cohabit with my wife and children.
Please guide me for making my next step, should I start maying the maintenace for a marrital life of three month and recived nothing in life neither my son a single glimpes or single touch to his fingure till date. More over its not the money which stoping me to pay anything to her, its the crime happened against my life, which is telling me not  to accept it and fight till you have breath.
Please let me how Interim Maintenance is calculated with an example and Is there any merit in my case still pending which can be raised to supereme court.

Thanking you On prior basis, I am sure your valuable inputs can create history sometimes

Offline advkhanna

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Re: DV Interim maintenance
« Reply #1 on: June 20, 2013, 03:05:12 AM »
you have a child that u have to maintain.
regarding your wife is she working, if yes than maintenance can be avoided.

Offline advocate-lyngdoh

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Re: DV Interim maintenance
« Reply #2 on: June 20, 2013, 03:11:54 AM »
hey rajeev,
break your story into many posts or ask one thing at a time who has the patience to read your huge posting.

Advocate Lyngdoh
Laitumkhrah, Shillong

Offline rajeev

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Re: DV Interim maintenance
« Reply #3 on: June 20, 2013, 03:23:49 AM »
Thank you for your response sir,

The story just have got elongated in order to put right context.

My main query is regarding calculation of Interim maintenance?

Second query is there point you find to be raised in SC, against the order given to me from high court for 10000 rs and 1500 from lower court?

Should I move to SC court in present circumstances ? Is there any relief you are finding for me ? Is there any mistake court has made in allocation Interim maintenance order?

Thanks for support

Offline advuma

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Re: DV Interim maintenance
« Reply #4 on: June 29, 2013, 08:21:49 PM »
there is no fixed method for calculating maintenance, it is completely the discretion of the court to decide.
and above all it is your lawyers ability to show that you have very less money left after various expenditure.

whenever there is a difference in order between the high court and district court, the matter can be appealed in Supreme court.

you can give that a try.

if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

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