November 3, 2015
Strategy To Handle The Interim Maintenance Order In PWDVA
First we need to understand that interim maintenance is teeth of Domestic Violence law, and bite of these teeth is very painful.
If you want to win the PWDVA, you need to reduce or nullify the power of interim maintenance, if you successful on this front, you win the 50% case, rest is depend on your strategy / type of evidence / and your cross skills.
Once Interim maintenance order is passed, wife is more dangerous as she have one more weapon with her i.e CRPC 125 (3) and Recovery process
Interim maintenance can be passed based on Affidavit. If your side is consider during argument then it is well and good, but most of the time order is based on wife affidavit and your salary. All the allegation and other objection will be take care after order is passed.
So don’t expect much at this stage, most of time result is against you, but you need to fight back!
These are the following five strategy to handled the Interim maintenance Order
1. Regular Paying the Interim Maintenance Amount
- Let us understand one think if you have kids and your wife is not educated then you need to pay the Interim maintenance there is no escape on this side. If your wife is educated, then u need to pay some amount for your kids. This is bitter truth of DV you cannot change.
- If you are satisfied the amount which is passed in the order and it is in your range, and justifiable considering your salary ratio, also order is passed from the date of Order. Don’t waste time filing any objection or appeal, concentrate on your main DV case and speed up your DV case.
- Let her enjoy the small win, “ kabhi kabhi kuch jeetne ke liye kuch harna bhi padta hai.. “
2. Appeal Against Order in 30 days : ( U/S 29 of PWDVA )
Before filing the Appeal 1st understand that this is only the interim or temporally relief till the DV case is going on, it is not final order, so be careful for taking this decision.
When to Filed the Appeal
Before filing the Appeal 1st understand that this is only the interim or temporally relief till the DV case is going on, it is not final order, so be careful for taking this decision.
When to Filed the Appeal
- Amount is not justifiable, and you are not satisfied with order
- Order is passed from the date of application,
- If huge amount of arrears is pending
- Wife is working, well educated, but the fact is ignore
- Your dedication is not consider like, EMI or rent, medical bill, your family expanse.
Disadvantage of Appeal
- Some time filing appeal will backfire, and you are ending with paying more amount.
- You need to pay 50% or amount decided by Hon’ble Court for filing the Appeal, if you have huge arrears then you need to pay good amount before filing the Appeal
- You need to pay good amount to your lawyer
- You your self filed one more case, so you need to give the time to new case and need to take the leave from office added more frustration.
- Appeal will not 100% guaranty that you will get the relief
- Paying good amount to wife is like making her hand more strong, and she can used this money against you
Advantage of Appeal
- You have appeal in higher court and stop paying the Interim maintenance
- You are successful for getting the stay order in Interim maintenance .
- Amount is revised
Please note if you failed to filed the appeal in 30 days, and time is elapsed you can still filed the appeal using the “Condonation Delay Application”
3. Revision OR Change of Circumstance
You can filed the “Change of Circumstance” at any stage during your DV, and this is very helpful if you have proper evidence
For Example: Wife show she is not working at the time of Interim, but later she started working, you can show her income detail and Interim can be revised.
Process to follow while filing the Revision
1. Filed the application in same court who passed the Interim order
2. If rejected then go to next lever court i.e Session court or High court
You can filed the “Change of Circumstance” at any stage during your DV, and this is very helpful if you have proper evidence
For Example: Wife show she is not working at the time of Interim, but later she started working, you can show her income detail and Interim can be revised.
Process to follow while filing the Revision
1. Filed the application in same court who passed the Interim order
2. If rejected then go to next lever court i.e Session court or High court
4. Not Paying any Interim Amount
This is very dangers stage, Opposite party can filed the CrPC 125 (3) and Recover
This is very dangers stage, Opposite party can filed the CrPC 125 (3) and Recover
- Court can stop considering your application in DV case
- Court will not give any date in your DV case
- Your DV case will get hampered
- Court can issue the Distress Warrant as 1st step
- Court can issue the Arrest Warrant as 2nd step
5. Following the Order but not paying the full amount
- This is logical good step
- Pay the amount in small small amount and each month 2 or 3 times
- You are following the order and also paying the amount.
- Filed the perjury and get the stay on interim order
- Stopping the interim using the perjury will be the good strategy
You can look my other blog
5 Steps To Win The Interim Maintenance
‘Pay’ for divorce: Women forcing hubbies to shell out big bucks for freedom
What amounts to cruelty against husband?
SIF Appeal
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