Maintenance allowance to wife in divorce case

[Swamyhc Hirimarali]

This is my son’s divorce case. He is not working or not having any property and no any source of income. Family Court order to pay RS.8000 per month. Stayed the order at High Court. Interim order passed to pay RS 5000 /month.I am paying it to complain the order. Opponent filed another case to enhance the allowance and override case. It was allowed and order was passed to pay 18000/m. Opponent is having the joint house property of worth 20 cr.Also getting some monthly rental income. Document produced. Not considered. What can I do now. I am a retired person. Not having any income.

[Dr. Ashok Dhamija]

You may have to file an application for alteration / modification / cancellation of the maintenance order before the court, highlighting all these issues that the wife has sufficient property and rental income, etc., whereas the husband has not income at all. Sufficient evidence will have to be given by you in this regard. If the court is satisfied, it can pass the suitable order. If needed, you can move the higher court in appeal / revision.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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