Legal Question in Family Law in India
Divorce
Sir, my husband filed a divorce petition . I filed a petition for Interim mentainance . My husband is a government employee and draw Rs. 30,000 / per month and have a Maruti car , own house and landed property. I have no child . The trial court passed a order of Rs4000/ per month and Rs.10,000/ for litigation cost . I have already received the first month amount . But I have not satisfied with this amount and want to increase the amount .
What shall I do ? May I file
a petition in the same court or
to appeal in the district court or high court as I received the first month amount ? Secondly may I able to file petition for interim accomodation ? Please suggest .
6 Answers from Attorneys
Re: Divorce
you can file an appeal against the order to the higher court otherwise the order would be final and you would be left with only one option for seeking enhanced maintenance and that would depend upon the discretion of the judge.
to seek residence, you should file a complaint under domestic violence act and in that complaint, u may seek residence orders.
Re: Divorce
you can challenge the order in the high court. you can filed acase under D.V act for order for residence
Re: Divorce
Yes, you are entitled to the same kind of residential accommodation as was enjoyed by you before separation. The amount of compensation awarded is too low. You should move the High Court for increase in maintenance allowance and claim at least Rs.15,000/- pm. You may also file an application under D.V.A. for compensation/damages and residence.
Re: Divorce
Already replied.
Re: Divorce
You have good case the increase of maintenance to be filed in High Court.
Re: Divorce
you can file appeal against the order in sessions court.
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