Legal Question in Family Law in India

interim maintenance

My brother's wife (12 days' unconsummated marriage) has applied for a heavy amount as INTERIM maintenance in family court. She has trapped my whole family in baseless 498A and DV cases without having ever stayed with us. According to what was told to us before marriage, she is MBA and works in her dad's firm, but pretends herself to be nonworking in courts.

Please guide me: What are the clauses in law for interim maintenance amount? and is my brother obligated to provide his salary slip?, or whether the court can order brother's company directly to provide the same??


Asked on 2/27/09, 5:25 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: interim maintenance

As far as laws is concerned : she may be entitled to maintenance amount which may sufficient for her living 'with same standard of life as the husband lived at the time of separation'.

The husband may be required to disclose his true income. The court may also summon record from the employer as well as Income Tax department.

It may be better to consider an out of court amicable settlement of all disputes and avoid court cases/ litigation.

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Answered on 2/27/09, 8:21 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: interim maintenance

There are ways out to minimise maintainence. contact a expert sr lawyer in your locality.

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Answered on 2/28/09, 12:42 am


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